Tobola v Zabkiewicz & anor [2016] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: Tobola v Zabkiewicz & anor [2016] NSWLEC 1503 Hearing dates: 26 October 2016 Date of orders: 26 October 2016 Decision date: 26 October 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at paragraph 11. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); risk of damage or injury; orders to remove one tree. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Slawomir Tobola (Applicant) Krystyna Zabkiewicz (First Respondent) James Thorp (Second Respondent) Representation: Slawomir Tobola, litigant in person (Applicant) Krystyna Zabkiewicz and James Thorp, litigants in person (Respondents) File Number(s): 188501 of 2016

Judgment

Background 1. Mr Tobola ('the applicant') has lived with his family in their Hunters Hill property since 2012. Their dwelling was newly constructed. The neighbourhood landscape is dominated by tall native trees. Two of these trees grow on the neighbouring property owned by Ms Zabkiewicz and Mr Thorp ('the respondents'), who have lived there since 2001. The trees, two native Eucalypts, are close to the common boundary dividing the two properties. As a result of competition for light, both trees have grown with a lean. The land slopes steeply down from the rear to the front of the properties. The ground is rocky. 2. Mr Tobola is concerned that the trees threaten the safety of his family and his property. He has applied to the Court pursuant to the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for removal of these two trees. 3. The respondents do not wish to remove the trees, valuing their contribution to the local landscape, the habitat they provide and their other environmental values.