Lascaridis v Hamad [2014] NSWLEC 1173

Lascaridis v Hamad [2014] NSWLEC 1173

The Court holds that removal of two Umbrella Trees, Hills Fig, and the dead tree fern stem is justified to allow for replacement of the boundary fence and avoid future damage; a boundary survey is appropriate to ensure fence placement; fencing material and colour preferences are reasonable; and costs are to be shared equally with concessions to respondent's financial hardship.

Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Tree and Fence Dispute (class 2) / Final Judgment
Outcome
Application upheld in part
Legal Topics
['disputes Between Neighbours' 'dividing Fences' 'tree Removal' 'boundary Survey']
['property Law' 'environmental Law'] ['disputes Between Neighbours' 'dividing Fences' 'tree Removal' 'boundary Survey']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Tree and Fence Dispute (class 2) / Final Judgment

Legal Issues

  1. 1 ['Whether certain trees are causing damage to a dividing fence' 'Whether a survey of the boundary is required' 'Jurisdiction to order removal of trees under relevant legislation' 'Appropriate allocation of costs for works']

Ratio Decidendi

The Court holds that removal of two Umbrella Trees, Hills Fig, and the dead tree fern stem is justified to allow for replacement of the boundary fence and avoid future damage; a boundary survey is appropriate to ensure fence placement; fencing material and colour preferences are reasonable; and costs are to be shared equally with concessions to respondent's financial hardship.

Court Disposition

Application upheld in part

Orders

  • ['Applicant to engage and pay for boundary survey by registered surveyor' 'Survey to be completed within 21 days' 'Applicant to provide survey plan to respondent within 28 days' 'Each party to obtain two contractor quotes for tree and fence works within 14 days' 'Quotes to be exchanged and cheapest selected within...