Maurici v Kaldor [2024] NSWLEC 1267

Maurici v Kaldor [2024] NSWLEC 1267

The Applicant had made reasonable efforts to reach agreement. The building under construction at 66 The Point Road was a dwelling because it was consistent with the consented residential development and capable of being occupied or used as a separate domicile. The Transport for NSW land was not Crown land, and s 14A(2) did not exclude the Trees Act. Leaf litter and ordinary debris from mature urban trees did not establish damage warranting removal, and alleged mould and rock-failure risks were not sufficiently attributable to Trees T11-T13. Damage to the boundary paling fence was caused and likely to continue from Trees T2-T5, but pruning and fence reinstatement were more appropriate than...

Jurisdiction
Australia
Judgment Date
22 May 2024
Procedural Posture
Class 2 Tree Dispute Application Under the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Directions for Submissions on Apportioning Responsibility for Payment for Costs of Works
Outcome
The Court directed the parties to provide short written submissions on apportioning responsibility for payment for the cost of works arising from the Court's findings.
Legal Topics
['hedge Obstruction of Sunlight and Views' 'tree Damage to Property' 'application of Trees (disputes Between Neighbours) Act 2006 (nsw) to Unzoned Land and Crown Land' 'whether Building Under Construction Was a Dwelling' 'pruning and Maintenance Orders' 'boundary Fence Damage']
['environmental and Planning Law' 'tree Disputes Between Neighbours' 'property Law'] ['hedge Obstruction of Sunlight and Views' 'tree Damage to Property' 'application of Trees (disputes Between Neighbours) Act 2006 (nsw) to Unzoned Land and Crown Land' 'whether Building Under Construction Was a Dwelling' 'pruning and Maintenance Orders' 'boundary Fence Damage']

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Procedural Posture

Class 2 Tree Dispute Application Under the Trees (disputes Between Neighbours) Act 2006 (nsw) / Principal Judgment; Directions for Submissions on Apportioning Responsibility for Payment for Costs of Works

Legal Issues

  1. 1 ['Whether the Trees (Disputes Between Neighbours) Act 2006 (NSW) applied to trees situated on land owned by Transport for NSW and leased to the First and Second Respondents.' 'Whether land owned by Transport for NSW was Crown land for the purposes of s 14A(2) of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' 'Whether the building under construction at 66 The Point Road was a dwelling for the purposes of s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW).' "Whether particular trees caused, were causing, or were likely in the near future to cause damage to the Applicant's property or injury to any person." "Whether groups of trees formed hedges that severely obstructed sunlight to windows of, or views from, the Applicant's dwelling." 'Whether the Applicant had made reasonable efforts to reach agreement with the tree owners.' 'What works should be ordered and how responsibility for payment for those works should be apportioned.']

Ratio Decidendi

The Applicant had made reasonable efforts to reach agreement. The building under construction at 66 The Point Road was a dwelling because it was consistent with the consented residential development and capable of being occupied or used as a separate domicile. The Transport for NSW land was not Crown land, and s 14A(2) did not exclude the Trees Act. Leaf litter and ordinary debris from mature urban trees did not establish damage warranting removal, and alleged mould and rock-failure risks were not sufficiently attributable to Trees T11-T13. Damage to the boundary paling fence was caused and likely to continue from Trees T2-T5, but pruning and fence reinstatement were more appropriate than...

Court Disposition

The Court directed the parties to provide short written submissions on apportioning responsibility for payment for the cost of works arising from the Court's findings.

Orders

  • ['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 pruning and other maintenance.' 'Within 21 days of these orders, the parties are to provide short written submissions on the apportioning of responsibility for...