Cavanagh & anor v Grguric [2014] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Cavanagh & anor v Grguric [2014] NSWLEC 1130 Hearing dates: 26 June 2014 Decision date: 26 June 2014 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; debris falling from trees; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hinde v Anderson & anor [2009] NSWLEC 1148. McCallum v Riordan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: APPLICANTS April Cavanagh and Christine Piipari

RESPONDENT Katherine Grguric Representation: APPLICANTS April Cavanagh and Christine Piipari (Litigants in person)

RESPONDENT Katherine Grguric (Litigant in person) File Number(s): 20101 of 2014

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The application 1Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) provides an avenue for property owners or occupiers to resolve neighbourly disputes involving issues of damage caused by trees, or the risk of damage or injury posed by trees. Ms Piipari and Ms Cavanagh, the owner and occupiers of a residential property in Emu Plains, at the foot of the Blue Mountains, have applied to the Court under Part 2 of the Act seeking orders for neighbouring trees to be pruned and for compensation for damage to property. Their claim is based on debris such as leaves, flowers and twigs falling from a neighbouring Jacaranda and two other trees. The damage they say is caused by the trees is listed in their answer to Question 4 of their Tree Dispute Claim Details (Exhibit B) and includes: damage to their poolside rockery, repeated damage to their pool filter and pool cleaning equipment, debris in the pool dirtying the water, debris throughout the garden and debris in their roof guttering. 2They also say that fallen leaves and flowers create a slip hazard, giving rise to a risk of injury.