Cvitanovic & anor v Spesyvy & anor [2015] NSWLEC 1365

Cvitanovic & anor v Spesyvy & anor [2015] NSWLEC 1365

Jurisdiction established in respect of paving as respondents' trees caused damage; orders for reimbursement and paving replacement are appropriate. No jurisdiction established regarding fence as insufficient evidence that trees caused its demise; application regarding fence dismissed.

Jurisdiction
Australia
Judgment Date
07 September 2015
Procedural Posture
Tree Dispute / Final Judgment
Outcome
Application upheld in part; dismissed in part
Legal Topics
['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'dividing Fences']
['property Law'] ['trees (disputes Between Neighbours) Act 2006' 'damage to Property' 'dividing Fences']

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Procedural Posture

Tree Dispute / Final Judgment

Legal Issues

  1. 1 ["Whether respondents' trees caused damage to the applicants' paving and dividing fence" 'Whether orders should be made for removal, remediation or reimbursement']

Ratio Decidendi

Jurisdiction established in respect of paving as respondents' trees caused damage; orders for reimbursement and paving replacement are appropriate. No jurisdiction established regarding fence as insufficient evidence that trees caused its demise; application regarding fence dismissed.

Court Disposition

Application upheld in part; dismissed in part

Orders

  • ['Application upheld in part' 'Applicants to obtain three quotes for removal and replacement of damaged paving; respondents may also obtain quotes' 'Quotes to be exchanged and agreement sought; if none, cheapest quote selected' 'Applicants to provide access for works and quoting' 'Works to be completed within 120...