Adams v Matthei [2019] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Adams v Matthei [2019] NSWLEC 1595 Hearing dates: 22 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) Within 90 days of the date of these orders, the respondents are to engage and pay for a fencing contractor to re-align the two displaced posts in the steel mesh common boundary fence in the front setback, and to re-align and re-attach the steel mesh panels adjoining these two posts. (2) On reasonable notice, the applicants are to allow any access required for the works in (1) during reasonable hours of the day. (3) Within 90 days of the date of these orders, the applicants and respondents are to jointly engage a fencing contractor to demolish the wooden paling fence along the common boundary in the rear part of their properties, and to replace it with a steel panel ('Colourbond') fence beginning between the backs of their dwellings where one panel of existing steel mesh fence must be removed, at a height of ~1.8 metres for four panels (each panel approximately 2.4 metres long), then tapering down over the next two panels (each panel approximately 2.4 metres long) to a height of 1.2–1.4 metres for the remainder of the fence. The fence must be constructed along the common boundary as recently pegged by a surveyor. (4) The applicants and the respondents are all to allow any access required for the works in (3) during reasonable hours of the day. (5) The applicants and the respondents are each to pay 50% of the cost of fencing works in (3), including any deposit required by the contractor's terms. (6) The parties are granted liberty to re-list should anything prevent the completion of these orders. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – the trees have been removed – damage – fence – driveway – compensation sought – orders for fencing works – no orders to control future plantings Legislation Cited: Dividing Fences Act 1991 (NSW) Trees (Disputes Between Neighbours Act) 2006 (NSW) Category: Principal judgment Parties: Karen Adams (First Applicant) Peter Adams (Second Applicant) Julie Matthei (First Respondent) Helen Margaret Matthei (Second Respondent) Representation: K Adams (Litigant in person) (First Applicant) P Adams (Litigant in person) (Second Applicant) J Matthei (Litigant in person) (First Respondent) H Matthei (Litigant in person) (Second Respondent) R Whitten (Agent) (Respondents) File Number(s): 2019/284823 Publication restriction: No