Reeves & anor v Marks & anor [2015] NSWLEC 1059

Land and Environment Court New South Wales

Medium Neutral Citation: Reeves & anor v Marks & anor [2015] NSWLEC 1059 Hearing dates: 19 March 2015 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld in part: see orders at paragraph 23. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to property; risk of injury; compensation; orders for tree pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: Janette Reeves and Peter Reeves, litigants in person (Applicants) Daniel Marks and Nicole Marks, litigants in person (Respondents) File Number(s): 20023 of 2015

Judgment

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

Background 1. Janette and Peter Reeves ("the applicants") have lived at their Narellan Vale property for 25 years. Their outdoor open space at the back of their dwelling is taken up by a deck and an above-ground swimming pool, which they had installed about nine years ago. On the property to their east, within a metre of their common boundary, grow a large gum tree and a palm. The Reeves say the trees have damaged their property, and are likely to cause further damage and injury. They have applied to the Court pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Trees Act") seeking orders for removal of both trees and for compensation of approximately $15,000. 2. Nicole and Daniel Marks own and live at the neighbouring property on which the trees grow, although they have recently sold the property with settlement due to occur in a few weeks. They do not wish to remove the trees.