Lal v Goonetilleke [2019] NSWLEC 1280

Land and Environment Court New South Wales

Medium Neutral Citation: Lal v Goonetilleke [2019] NSWLEC 1280 Hearing dates: 4 April 2019 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) Prune the root exposed in the lawn with a sharp saw, just inside the applicant's property. Remove the root from the lawn, and infill the resulting void with soil. This work is to be completed by an AQF level 3 arborist. (2) Remove the uplifted section of the rear court yard step, and replace so that the step is re-aligned to the original level and made safe. (3) The applicant is to obtain three quotes for each of these works. The respondents are to pay a sum equivalent to 50% of the least expensive of each three quotes for works that satisfy orders 1 & 2, within 21 days of receipt of paid invoices. (4) If these works are not completed within six months, these orders lapse. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –damage to property – apprehension of further damage and injury – tree removal and compensation sought Legislation Cited: Land and Environment Court Act 1979 Trees (Disputes Between Neighbours) Act 2006 Environmental Planning and Assessment Act 1979 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Robson v Leischke (2008) 159 LGERA 280; [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Praveen Lal (Applicant) Mark Goonetilleke (First Respondent) Stephanie Peiris (Second Respondent) Representation: P Lal, litigant in person (Applicant) M Goonetilleke, litigant in person (First Respondent) S Peiris, litigant in person (Second Respondent) File Number(s): 2018/379581 Publication restriction: No