Machado v Zammit [2020] NSWLEC 1136

Machado v Zammit [2020] NSWLEC 1136

The bamboo has displaced the fence and contributed to its deterioration. Both parties agreed the fence needs replacing. Orders are warranted for fence replacement, removal, or maintenance of bamboo to prevent future damage, with costs shared equally.

Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Tree Dispute (class 2) / Final Orders
Outcome
Orders made for fence replacement and bamboo removal/maintenance
Legal Topics
['tree Disputes Between Neighbours' 'damage to Property' 'dividing Fence Maintenance']
['property Law' 'environmental Law'] ['tree Disputes Between Neighbours' 'damage to Property' 'dividing Fence Maintenance']

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Procedural Posture

Tree Dispute (class 2) / Final Orders

Legal Issues

  1. 1 ['Whether bamboo caused damage to boundary fence' 'Whether fence needs replacement' 'Whether bamboo should be removed or maintained' 'Whether root barrier is required']

Ratio Decidendi

The bamboo has displaced the fence and contributed to its deterioration. Both parties agreed the fence needs replacing. Orders are warranted for fence replacement, removal, or maintenance of bamboo to prevent future damage, with costs shared equally.

Court Disposition

Orders made for fence replacement and bamboo removal/maintenance

Orders

  • ['Each party must obtain at least one quote from fencing contractors within 30 days; quotes must assume removal of bamboo within 300 mm of boundary.' 'Within 90 days, parties must engage the contractor with the cheapest quote for fence removal and replacement with timber paling fence of similar height; each party...