Todorovic v Mendham [2019] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: Todorovic v Mendham [2019] NSWLEC 1088 Hearing dates: 27 February 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is granted. See orders at [26]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property, being a driveway, fence and roof – risk of injury – joinder of second applicant – jurisdiction to make orders – consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Breen & Anor v Caronna & Anor [2008] NSWLEC 293 Category: Principal judgment Parties: Rada Todorovic (First Applicant) Todorovic Family Pty Ltd (Second Applicant) Garrick Allen Mendham (Respondent) Representation: Counsel: N Hammond (Respondent)

Solicitors W Condon, Condon Legal (Applicants) Hones Lawyers (Respondent) File Number(s): 2018/250635 Publication restriction: No

Judgment

Background to the application 1. The small gardens of Sydney's inner suburbs provide limited opportunities to grow large trees. A jacaranda ('the tree') in a 6-metre wide Newtown property spreads above several properties. Almost 20 metres across, its crown contributes significantly to amenity of the neighbourhood in this densely built environment. Naturally, its growth has not been without impacts on some surrounding infrastructure. 2. Ms Todorovic ('the first applicant') owns a property adjoining the one upon which the tree grows, owned by Garrick Mendham ('the respondent'). On the grounds of property damage and risk of injury, Ms Todorovic applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for: the tree to be pruned; repairs to property, being a driveway, fencing, roofing and gutters; and the costs of the application.