Seymour v Grace [2019] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Seymour v Grace [2019] NSWLEC 1276 Hearing dates: 14 May 2019 Date of orders: 23 May 2019 Decision date: 23 May 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 30 days of the date of these orders the applicant and the respondent will each obtain two quotes to replace their common boundary fence with a 1.5-metre green steel-panel fence, or as otherwise agreed, using the existing steel posts if possible. (2) Within 90 days of the date of these orders the applicant is to engage the contractor with the cheapest quote in (1), or another if agreed by the parties, to replace the fence as quoted. (3) Within 120 days of the date of these orders the respondent is to pay the applicant 50% of the quoted fencing costs upon receiving a copy of the paid invoice. (4) If within 6 months of the date of these orders the applicant has his paving repaired, the respondent is to pay the applicant, within 14 days of receiving a copy of a paid invoice for the works, 20% of the invoice amount to a maximum of $3,600. (5) If the respondent does not receive a copy of a paid invoice for paving works within 6 months, order 4 lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – fence – paving – compensation – trees removed by respondent – time taken for respondent to take action – limited evidence regarding causation of damage Legislation Cited: Dividing Fences Act 1991 (NSW) Trees (Disputes Between Neighbours Act) 2006 (NSW) Category: Principal judgment Parties: Robert Seymour (Applicant) Mark Grace (Respondent) Representation: R Seymour, litigant in person (Applicant) M Grace, litigant in person (Respondent) File Number(s): 2019/61681 Publication restriction: No