Arnold v Nagy [2021] NSWLEC 1480

Arnold v Nagy [2021] NSWLEC 1480

The jurisdiction of the Trees (Disputes Between Neighbours) Act 2006 is engaged due to bamboo and other plants causing damage to fences and property; removal of bamboo and roots, and replacement of fence panels, is necessary to remedy and prevent further damage, taking account of reasonable wear and tear.

Parties
Applicant: Lyndall Arnold; First Respondent: Gabor Nagy; Second Respondent: Barbara Nagy
Jurisdiction
Australia
Judgment Date
13 April 2021
Procedural Posture
Tree Dispute (neighbour Dispute) / Principal Judgment
Outcome
Orders made for removal of bamboo and roots, replacement and repair of fence panels, and related access and timing provisions.
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Fence Replacement, Tree Removal, Neighbour Disputes
Environmental Law Property Law Civil Procedure Trees (disputes Between Neighbours) Damage to Property Fence Replacement Tree Removal Neighbour Disputes

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Parties

Lyndall Arnold

Applicant

Gabor Nagy

First Respondent

Barbara Nagy

Second Respondent

Procedural Posture

Tree Dispute (neighbour Dispute) / Principal Judgment

Legal Issues

  1. 1 Whether bamboo and other plants caused damage to the applicant's property
  2. 2 Entitlement to orders for removal of plants, installation of root barrier, and replacement of damaged fences
  3. 3 Jurisdictional requirements under Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The jurisdiction of the Trees (Disputes Between Neighbours) Act 2006 is engaged due to bamboo and other plants causing damage to fences and property; removal of bamboo and roots, and replacement of fence panels, is necessary to remedy and prevent further damage, taking account of reasonable wear and tear.

Court Disposition

Orders made for removal of bamboo and roots, replacement and repair of fence panels, and related access and timing provisions.

Orders

  • Respondent to poison and remove all bamboo growing behind the common rear fence, under the fence, and in applicant's rear yard, at her expense.
  • Respondent to remove all bamboo roots from under base of common rear fence to a minimum depth of 150mm, remove refuse and tidy, at her expense.