Micevski v Atkins [2018] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Micevski v Atkins [2018] NSWLEC 1298 Hearing dates: 13 June 2018 Date of orders: 13 June 2018 Decision date: 13 June 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is upheld. See orders at [32]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage caused by tree – which elements of damage warrant compensation – actions taken by the tree owner – actions not taken – further inspection of tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Category: Principal judgment Parties: Milutin Micevski (Applicant) Anthony Atkins (First Respondent) Debra Atkins (Second Respondent) Representation: M Micevski, litigant in person (Applicant) A Atkins, litigant in person (Respondents) File Number(s): 2018/23789 Publication restriction: No

Judgment

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

Background 1. A large Forest Red Gum (Eucalyptus tereticornis) ('the tree') stands in the rear part of Debra and Anthony Atkins' ('the respondents') Casula property. It is a mature native tree, part of the local ecosystem. Its tall crown can be seen from the street and from other vantage points in the neighbourhood. 2. Since October 2014, when a large limb fell from the tree, six large limbs in all have fallen onto, or partly onto, the neighbouring property, causing some damage described further below. The most recent limb failure, in February 2017, also damaged a Jacaranda on the Atkins' property. Mr Micevski, the Atkins' neighbour, has applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for the Forest Red Gum, as well as the Jacaranda, to be maintained, and for compensation for damage to his property.