Darr v Keating [2019] NSWLEC 1196

Land and Environment Court New South Wales

Medium Neutral Citation: Darr v Keating [2019] NSWLEC 1196 Hearing dates: 5 April 2019; telephone mention on 3 May 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 90 days of the date of these orders, Mr Keating is to engage a fencing contractor to repair the two displaced fencing panels on the common boundary so that their alignment is consistent with rest of the fence and to provide at least 50 mm clearance to the base of the stem of the western tree. (2) On reasonable notice from Mr Keating, the applicant is to allow access to his property for the works in (1) to be completed during reasonable hours of the day. (3) If the western tree is removed within 90 days of the date of these orders, order (1) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage or injury – damage to fence – debris – fire – termites – orders for fence repair – owner of the land includes the occupier of the land Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Dooley & anor v Nevell [2007] NSWLEC 715 Freeman v Dillon [2012] NSWLEC 1057 Category: Principal judgment Parties: Lindsay Dale Darr (Applicant) Steven Keating (Respondent) Representation: L Darr, litigant in person (Applicant) S Keating, litigant in person (Respondent) File Number(s): 2019/16230 Publication restriction: No

Judgment