Giliberti v Galluzzo [2017] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Giliberti v Galluzzo [2017] NSWLEC 1126 Hearing dates: 24 October 2016 Date of orders: 16 March 2017 Decision date: 16 March 2017 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at (34). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to property; lifting of pavers; no order for tree removal; orders for pruning roots and making good paving. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: Anna Giliberti (Applicant) Rosie Galluzzo (Respondent) Representation: Nathan Avery-Williams, Counsel (Applicant) Guy Cavaleri and Stephen Jackson, agents (Respondent) File Number(s): 207283 of 2016 Publication restriction: No

Judgment

Background 1. In a residential area of Ryde, Mr and Mrs Giliberti have lived in their dwelling since October 2013, after purchasing the property 12 months earlier. At that time, as it does now, a mature fig tree stood on a neighbouring property near the common boundary, along with other trees and vegetation. 2. Mr Giliberti uses a walking stick due to his physical abilities. Mrs Giliberti ('the applicant') claims roots of the neighbouring fig tree are lifting pavers in the outdoor living area between their dwelling and the common boundary. She also claims fig tree roots are damaging the retaining wall near the boundary. She says further damage will occur if the tree is not removed. 3. Pursuant to the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') Mrs Giliberti has applied to the Court seeking orders for the tree to be removed and for the recovery of her costs in making the application.