Karabolovski v Watts [2019] NSWLEC 1444

Land and Environment Court New South Wales

Medium Neutral Citation: Karabolovski v Watts [2019] NSWLEC 1444 Hearing dates: 13 September 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage or injury – extent of damage – benefits of the tree Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Category: Principal judgment Parties: Peter Karabolovski (First Applicant) Rosa Karabolovski (Second Applicant) Peter Watts (First Respondent) Tonia Parker-Watts (Second Respondent) Representation: Counsel: R Karabolovski (Litigant in person) (Applicants) C Adams (Solicitor) (Respondents)

Solicitors: Christopher Adams and Associates (Respondents) File Number(s): 2019/138932 Publication restriction: No

Judgment

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

Background 1. When Peter and Rosa Karabolovski ('the applicants') first purchased their Mangerton property, there were several units on the land. They have since demolished those units and constructed a single dwelling, where they live. 2. Six years ago, Peter Watts and Tonia Parker-Watts ('the respondents') purchased the neighbouring propriety. Two large native trees grow on their property, one in the front setback and another ('the tree') in their rear garden, the latter next to the common boundary shared with the Karabolovskis and partly overhanging their property. 3. The Karabolovskis have spent some effort trying to get the tree pruned. Concerned about damage and injury the tree may cause, and damage they say it has already caused, they 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 removed, compensation and costs. Commissioners do not have the power to order costs so they would need to file a Notice of Motion with the Court should they wish to pursue that element of their application.