Crowley v Phillips-Skeer Pty Ltd [2012] NSWLEC 1066

Crowley v Phillips-Skeer Pty Ltd [2012] NSWLEC 1066

The bamboo on the respondent's land contributed to damage to the boundary fence, and would likely do so to a new fence. Therefore, both removal of the bamboo on the boundary and replacement of the fence are necessary remedies. The cost of replacing the fence should be shared equally because the fence also requires...

Source-derived case information.

Parties
Applicant: Debbie and Brett Crowley; Respondent: Phillips-Skeer Pty Ltd
Jurisdiction
Australia
Judgment Date
08 March 2012
Procedural Posture
Class 2 / Principal Judgment
Outcome
Orders made for removal of bamboo, replacement of fence at shared cost, and ongoing maintenance responsibilities for both parties.
Legal Topics
Trees Disputes Between Neighbours, Fence Replacement, Damage to Property
Environmental Law Property Law Trees Disputes Between Neighbours Fence Replacement Damage to Property

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Parties

Debbie and Brett Crowley

Applicant

Phillips-Skeer Pty Ltd

Respondent

Procedural Posture

Class 2 / Principal Judgment

Legal Issues

  1. 1 Whether bamboo growing on respondent's property caused damage to the fence along the boundary
  2. 2 Whether removal of bamboo and replacement of fence are appropriate remedies under Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The bamboo on the respondent's land contributed to damage to the boundary fence, and would likely do so to a new fence. Therefore, both removal of the bamboo on the boundary and replacement of the fence are necessary remedies. The cost of replacing the fence should be shared equally because the fence also requires replacement due to age.

Court Disposition

Orders made for removal of bamboo, replacement of fence at shared cost, and ongoing maintenance responsibilities for both parties.

Orders

  • The respondent is to remove all bamboo from the narrow bed along the common boundary with the applicants' property, to the northern end of the applicants' property, within 40 days.
  • The applicants are to remove all bamboo within their property within 30 days.