Biady v Alidenes [2019] NSWLEC 1467

Land and Environment Court New South Wales

Medium Neutral Citation: Biady v Alidenes [2019] NSWLEC 1467 Hearing dates: 25 September 2019 Date of orders: 25 September 2019 Decision date: 25 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage and injury – damage to stormwater and sewer pipes – whether the trees caused damage – whether suckers growing in the garden are causing damage Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; (2008) 159 LGERA 280; [2008] NSWLEC 152 Category: Principal judgment Parties: Alfie Biady (First Applicant) Nadia Biady (Second Applicant) Michael James Alidenes (First Respondent) Maija Johanna Leonie Cordes (Second Respondent) Representation: Counsel C McConaghy (Respondents) M Lawandi (Agent) (Applicants)

Solicitors: Rennie Lawyers and Notaries (Respondents) File Number(s): 2019/166506 Publication restriction: No

Judgment

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

Background 1. Alfie and Nadia Biady ('the applicants') have applied to the Court pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders relating to trees on neighbouring land belonging to Michael Alidenes and Johanna Cordes ('the respondents'). Specifically they seek: * Removal of a Robinia tree * Pruning of a Jacaranda * Compensation for the costs of a plumber to repair pipes * Compensation for the cost of a tree removal application to council. 1. Both the Jacaranda and the Robinia are trees for the purposes of the Trees Act and are on land adjoining the applicants. The issues of contention, which I must determine today, are: * Whether the applicants have made reasonable effort to reach agreement (s 10(1) of the Trees Act); and * Whether each tree has caused, is causing, or is likely in the near future to cause, damage to the applicants' property, or is likely to cause injury (s 10(2) of the Trees Act). 1. If both of the above questions are answered in the affirmative, before making any orders, I must consider a range of matters at s 12.