Donato v Drovandi [2018] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Donato v Drovandi [2018] NSWLEC 1595 Hearing dates: 24 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – terracotta sewer pipe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Frank Donato (First Applicant) Grace Donato (Second Applicant) Grazia Drovandi (Respondent) Representation: F & G Donato, litigants in person (Applicants) File Number(s): 2018/195950 Publication restriction: No

Judgment

Background 1. Frank and Grace Donato ('the applicants') own a residential property in Moorebank. They constructed the original dwelling almost 60 years ago and added a second dwelling in the rear part of their property about 20 years ago. 2. A fig tree grows in a neighbouring property. They have applied to the Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for removal of the tree, which they say is causing damage to their property. 3. The hearing took place onsite, where I viewed the Donatos' property and the neighbouring tree. Grazia Drovandi ('the respondent') did not appear at the hearing.

The applicants' submissions 1. The Donatos submit that roots of the neighbouring tree blocked their sewer pipe. They say the tree's branches are close to the roof and guttering of their second dwelling. The Donatos think roots will affect their dwelling and make their paving surface uneven.