Caltabiano v Veneziani [2019] NSWLEC 1293

Land and Environment Court New South Wales

Medium Neutral Citation: Caltabiano v Veneziani [2019] NSWLEC 1293 Hearing dates: 21 June 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application for the respondents to remove the trees and pay compensation is refused. (2) Within 30 days of the date of these orders, the respondents are to prune their camellias adjacent to the applicant's garage so that no part of the camellias is within 30 cm of the applicant's garage roof, guttering or fascia board. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – garage roof and guttering – no evidence that damage is caused by trees – no tree removal or compensation ordered – minor damage likely – respondents to prune trees Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Category: Principal judgment Parties: Carmela Caltabiano (Applicant) Robert Veneziani (First Respondent) Meredith Veneziani (Second Respondent) Representation: S Caltabiano, agent (Applicant) R and M Veneziani, litigants in person (Respondents) File Number(s): 2019/79182 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The application 1. Meredith and Robert Veneziani ('the respondents') have several small camellia trees growing in the back garden of their Haberfield residence, close to their side boundary and the neighbouring garage belonging to Carmela Caltabiano. 2. Carmela Caltabiano ('the applicant') has applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for the camellias to be removed and for compensation for as yet unspecified repairs. She also seeks costs for the application. Commissioners do not have the power to award costs. If she wishes to pursue that, Mrs Caltabiano will need to file a Notice of Motion to be heard by the Registrar or a Judge of the Court.