Frigo v Fokkes [2018] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Frigo v Fokkes [2018] NSWLEC 1240 Hearing dates: 20 April 2018 Date of orders: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [63]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – bamboo – whether the bamboo has caused damage – other factors contributing to damage – compensation for damage – what is required to prevent further damage – concrete root barrier – disproportionate orders sought Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Robson v Leischke [2008] NSWLEC 152; (2008) 72 NSWLR 98; (2008) 159 LGERA 280 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Angela Frigo (Applicant) Peter Fokkes (First Respondent) Joanne Fokkes (Second Respondent) Representation: D Frigo, agent (Applicant) M Fokkes, agent (Respondents) File Number(s): 2017/354611 Publication restriction: No

Judgment

Background 1. For many years bamboo has grown on Peter and Joanne Fokkes' Croydon property. It grew in the area along their western boundary, a common boundary that the Fokkeses ('the respondents') share with Angela Frigo ('the applicant'). The bamboo, a spreading, rhizomatous variety, grew tall. It spread across boundaries, so that rhizomes proliferated in Mrs Frigo's garden, with shoots establishing up to 10 metres from the common boundary. 2. A section of the common boundary toward the rear of the properties lacked a dividing fence, or had fencing in poor condition. Bamboo hindered maintenance and works in this area. Mrs Frigo wanted to remove an old garage and build a new garage. The bamboo's presence would hinder the works. 3. The history of communications between the neighbours shows many attempts were made to reach certain outcomes regarding these various issues, without any agreed resolution. The nature of their relationship has deteriorated.