Kilpatrick v Youlten [2014] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Kilpatrick v Youlten [2014] NSWLEC 1050 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)Within 30 days of the date of these orders, the applicant and the respondent are each to obtain at least two quotes from suitable contractors to straighten the boundary fence and replace the four most severely damaged panels of colourbond fencing. (3)On reasonable notice, the applicant and the respondent are each to allow access to their properties for these contractors for the purpose of quoting. (4)Within 45 days of the date of these orders the applicant and the respondent are to select the cheapest quote, unless they agree on another, and engage that contractor to carry out the works in Order (2). (5)The works in (2) are to be completed within 90 days of the date of these orders. (6)The applicant and the respondent are each to pay 50% of the cost of the works. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; hedges; obstruction of sunlight; bamboo; dividing fence; orders for repairs; costs shared. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Hinde v Anderson & anor [2009] NSWLEC 1148 Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: APPLICANT Timothy Kilpatrick