Caltabiano v Veneziani [2019] NSWLEC 1293

Caltabiano v Veneziani [2019] NSWLEC 1293

There was no evidence that the camellia trees caused the current roof tile or sarking issues; therefore, tree removal or compensation was refused. However, as the trees grow close to the garage and are likely to cause minor future damage to guttering, pruning was ordered to prevent such damage.

Parties
Applicant: Carmela Caltabiano; First Respondent: Robert Veneziani; Second Respondent: Meredith Veneziani
Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Class 2 Tree Dispute / Final Orders
Outcome
Application for tree removal and compensation refused; pruning of camellias ordered.
Legal Topics
Tree Disputes Between Neighbours, Damage to Property, Pruning Orders
Property Law Environmental Law Tree Disputes Between Neighbours Damage to Property Pruning Orders

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Parties

Carmela Caltabiano

Applicant

Robert Veneziani

First Respondent

Meredith Veneziani

Second Respondent

Procedural Posture

Class 2 Tree Dispute / Final Orders

Legal Issues

  1. 1 Whether the camellia trees caused damage to the applicant's garage roof and guttering
  2. 2 Whether removal of the trees or compensation should be ordered
  3. 3 Whether pruning is required to prevent future damage

Ratio Decidendi

There was no evidence that the camellia trees caused the current roof tile or sarking issues; therefore, tree removal or compensation was refused. However, as the trees grow close to the garage and are likely to cause minor future damage to guttering, pruning was ordered to prevent such damage.

Court Disposition

Application for tree removal and compensation refused; pruning of camellias ordered.

Orders

  • The application for the respondents to remove the trees and pay compensation is refused.
  • Within 30 days of the date of these orders, the respondents are to prune their camellias adjacent to the applicant's garage so that no part of the camellias is within 30 cm of the applicant's garage roof, guttering or fascia board.