Land and Environment Court
New South Wales
Medium Neutral Citation: Maurici v Kaldor [2024] NSWLEC 1267 Hearing dates: 21-22 February 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Class 2 Before: Horton C Decision: The Court directs that within 21 days of these orders, the parties are to provide short written submissions on the apportioning of responsibility for payment for the cost of the works in respect of:
(1) Pruning and other maintenance;
(2) Removal and reinstatement of the existing paling fence in the vicinity of Trees T1-T5, and
(3) Any other relevant aspect that arises from the Court’s findings at [193]-[248] of this decision.
Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –hedge – whether Trees Act applies - whether severely obstructs sunlight – whether severely obstructs views - orders
Legislation Cited: Crown Land Management Act 2016, s 1.8
Ports and Maritime Administration Act 1995, s 43B
Trees (Disputes Between Neighbours) Act 2006, ss 4, 7, 9, 10, 12, 14A, 14B, 14D, 14E, 14F
Hunters Hill Local Environmental Plan 2012, cl 6.7, Dictionary
State Environmental Planning Policy (Biodiversity and Conservation) 2021
Cases Cited: Barker v Kyriakides [2007] NSWLEC 292
Haindl v Daisch [2011] NSWLEC 1145
Maurici v Hunters Hill Council [2021] NSWLEC 1482
Tenacity Consulting v WaringahCouncil (2004) 134 LGERA 23; [2004] NSWLEC 140
Wyong Shire Council v Ardi Pty Ltd (2000) 112 LGERA 85; [2000] NSWLEC 253
Texts Cited: Australia Geomechanics Journal Volume 42, No 1 March 2007
Category: Principal judgment Parties: Anthony Phillip Maurici (Applicant)
Andrew Gabriel Kaldor (First Respondent)
Renata Kuzena Kaldor (Second Respondent)
Transport for NSW (Third Respondent)Representation: Counsel:
Solicitors:
J Potts SC and A Cameron (Applicant)
T Poisel (First and Second Respondent)
C Koikas (Third Respondent)
Messenger Cole Solicitors (Applicant)
Minter Ellison (First and Second Respondent)
Hunt & Hunt (Third Respondent)
File Number(s): 2023/304389 Publication restriction: Nil
Judgment
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COMMISSIONER: Two properties located on The Point Road, Woolwich, share a common boundary, along which twenty-two trees are planted.
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Both properties fall steeply from The Point Road, toward the north where both properties enjoy a frontage to the Lane Cove River.
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Mr Anthony Maurici (‘the Applicant’), owner of No 66 The Point Road (No 66) has applied to the Court pursuant to ss 7 and 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (the Trees Act) seeking orders for certain works to be undertaken on adjoining land that is in the ownership of Mr Andrew Kaldor (the First Respondent) and Ms Renata Kaldor (the Second Respondent), (together the Kaldors), at No 64 The Point Road (No 64).
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To this end, Mr Maurici filed a Tree Dispute Application (the Application) on 25 September 2023. In general terms, the orders sought are in respect of trees causing damage, or likely to cause damage or injury to property.
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The Applicant also asserts that certain trees severely obstruct sunlight to, and views from a window or windows on the Applicant’s land and so orders are sought in this…
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- AGLC
- Maurici v Kaldor [2024] NSWLEC 1267
- Case
- [2024] NSWLEC 1267
- Decision Date
CaseChat Overview and Summary
The primary issue for the court was whether the applicant was liable for the damage to the fence caused by the trees. The court also had to consider whether the respondent was responsible for any part of the cost of the works required to prune and maintain the trees, and to remove and reinstate the fence. Additionally, the court had to determine whether either party was liable for costs and, if so, to what extent.
The court found that the applicant was liable for the damage to the fence. The court also found that the parties were jointly and severally liable for the cost of the works required to prune and maintain the trees and to remove and reinstate the fence. The court held that the parties were responsible for the costs in proportion to the extent of their responsibility for the works. The court made orders for the parties to provide written submissions on the apportioning of responsibility for payment of the cost of the works.
Orders
Orders of the court
The Court directs that within 21 days of these orders, the parties are to provide short written submissions on the apportioning of responsibility for payment for the cost of the works in respect of:
(1) Pruning and other maintenance;
(2) Removal and reinstatement of the existing paling fence in the vicinity of Trees T1-T5, and
(3) Any other relevant aspect that arises from the Court’s findings at [193]-[248] of this decision.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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