White v Blacket [2018] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: White v Blacket [2018] NSWLEC 1386 Hearing dates: 15 June 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The orders of the Court are:

(1) Within 12 months of the date of these orders, the applicants are to engage an engineer to draw and specify a replacement wall, and engage and pay for a contractor to construct the wall. (2) Access is to be from within the applicants' property. Excavation into the respondents' property is to be minimised; damage to the respondents' vegetation is to be avoided, or minimised where it cannot be avoided. (3) The applicants are to give the respondents 14 days' notice of the works. (4) The respondents are to allow access to their property for excavation and drainage installation along the boundary, but are not required to give access for materials to be stored or transported from the street. (5) If the extent of excavation for the wall and drainage requires removal of the respondents' camellias, the applicants are responsible for lifting, and later replanting, the camellias. In this case, the camellias are to be stored on the respondents' land where the respondents direct. (6) The respondents are responsible for maintaining (watering etc.) the camellias during period of the works. (7) If works in order (1) are not completed within 12 months, all other orders lapse. (8) The exhibits are returned. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage caused by tree – tree has been removed – construction of wall – whether respondents could have prevented damage – whether respondents should contribute to repair costs – whether access for works should be through the respondents' property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Sait v Mason [2007] NSWLEC 293 Category: Principal judgment Parties: Alan White (First Applicant) Kerry White (Second Applicant) Paul Blacket (First Respondent) Christine Doemling (Second Respondent) Representation: Solicitors: E Steer, SBA Law (Applicant) P Blacket, litigant in person (Respondent) File Number(s): 2018/49403 Publication restriction: Nil