Tziotis & anor v Tetoros & anor [2013] NSWLEC 1247

Tziotis & anor v Tetoros & anor [2013] NSWLEC 1247

The palms on the respondents' land were at least a cause of damage to the brick boundary wall, and because a brick wall had previously existed on that section of the boundary, replacement with a brick wall was reasonable, particularly where the applicants offered to pay the entire cost. The Court therefore made orders to remove impediments, allow access, survey the boundary, grind out stumps, and construct a single skin brick wall within specified timeframes.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing
Outcome
Application upheld.
Legal Topics
['damage by Trees' 'removal of Stumps' 'rebuilding of Boundary Wall' 'access for Boundary Works']
['trees Disputes Between Neighbours' 'property'] ['damage by Trees' 'removal of Stumps' 'rebuilding of Boundary Wall' 'access for Boundary Works']

Case Brief

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Procedural Posture

Class 2 Application Under the Trees (disputes Between Neighbours) Act 2006 / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the respondents' palms caused damage to the applicants' property, being their share of the boundary wall." 'Whether the Court should order remedial works including removal of stumps and construction of a replacement boundary wall.' 'What type of replacement boundary fence or wall should be constructed and what preparatory access works were required.']

Ratio Decidendi

The palms on the respondents' land were at least a cause of damage to the brick boundary wall, and because a brick wall had previously existed on that section of the boundary, replacement with a brick wall was reasonable, particularly where the applicants offered to pay the entire cost. The Court therefore made orders to remove impediments, allow access, survey the boundary, grind out stumps, and construct a single skin brick wall within specified timeframes.

Court Disposition

Application upheld.

Orders

  • ['The respondents are to remove the temporary fence along this ~10 metre section of the common boundary by 7:00 a.m. tomorrow, the 21st December, to allow subsequent works.' 'The applicants are to allow access for the works in (2) and may supervise those works if they wish.' 'By 5:00 p.m. on Monday 23rd December the...