Tomasetta v Gregory [2007] NSWLEC 420

Tomasetta v Gregory [2007] NSWLEC 420

The Lilly Pilly tree on the Gregorys' property has caused damage to Mr Tomasetta's driveway, justifying Court orders under s 9 of the Trees (Disputes Between Neighbours) Act 2006, but leaf and fruit dropping does not warrant intervention, and risk to services was not substantiated. Appropriate remedial orders are to be made.

Parties
Applicant: Carlo Tomasetta; Respondents: Arthur & Dianne Gregory
Jurisdiction
Australia
Judgment Date
20 June 2007
Procedural Posture
Neighbour Application / Judgment
Outcome
Remedial orders to be made under s 9 of the Act; Respondents given opportunity to be heard before final orders.
Legal Topics
Trees (disputes Between Neighbours), Damage Caused by Trees, Maintenance Obligations, Remedies for Property Damage
Environmental Law Trees (disputes Between Neighbours) Damage Caused by Trees Maintenance Obligations Remedies for Property Damage

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Parties

Carlo Tomasetta

Applicant

Arthur & Dianne Gregory

Respondents

Procedural Posture

Neighbour Application / Judgment

Legal Issues

  1. 1 Whether the Lilly Pilly tree owned by Gregorys caused damage to Tomasetta's property
  2. 2 Whether leaf, fruit, and deadwood dropping constitutes grounds for intervention
  3. 3 Potential for future damage to property services

Ratio Decidendi

The Lilly Pilly tree on the Gregorys' property has caused damage to Mr Tomasetta's driveway, justifying Court orders under s 9 of the Trees (Disputes Between Neighbours) Act 2006, but leaf and fruit dropping does not warrant intervention, and risk to services was not substantiated. Appropriate remedial orders are to be made.

Court Disposition

Remedial orders to be made under s 9 of the Act; Respondents given opportunity to be heard before final orders.

Orders

  • Concrete slabs from front fence to front building line of Tomasetta's driveway to be ground down to eliminate trip hazards, to be paid for by Gregorys.
  • Tomasetta to obtain two quotations for grinding; Gregorys to pay equal to lower quote upon completion and receipted invoice.