Letts v Nikolaidis & anor [2015] NSWLEC 1117

Letts v Nikolaidis & anor [2015] NSWLEC 1117

Part 2 application upheld in part as some trees caused or could cause damage; Part 2A application dismissed as trees did not severely obstruct the view from the applicant’s dwelling.

Parties
Applicant: Mr D L M Letts; Respondent: Mr L Nikolaidis; Respondent: Ms B Nikolaidis
Jurisdiction
Australia
Judgment Date
23 April 2015
Procedural Posture
Tree Dispute / Judgment
Outcome
Part 2 application upheld in part; Part 2A application dismissed.
Legal Topics
Tree Disputes, Damage to Property, Obstruction of Views
Environmental Law Tree Disputes Damage to Property Obstruction of Views

Case Brief

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Parties

Mr D L M Letts

Applicant

Mr L Nikolaidis

Respondent

Ms B Nikolaidis

Respondent

Procedural Posture

Tree Dispute / Judgment

Legal Issues

  1. 1 Whether trees on the respondents’ property caused or could cause damage to the applicant’s property
  2. 2 Whether trees on the respondents’ property severely obstructed views from the applicant’s dwelling

Ratio Decidendi

Part 2 application upheld in part as some trees caused or could cause damage; Part 2A application dismissed as trees did not severely obstruct the view from the applicant’s dwelling.

Court Disposition

Part 2 application upheld in part; Part 2A application dismissed.

Orders

  • Respondents to engage and pay for an AQF level 3 arborist to prune any Cypress growing over any structure on applicant's property to achieve minimum 1.5m clearance above roofs within 60 days.
  • Respondents to have removed by qualified arborist the two Cypress trees and five Cocos Palms that fell or were destabilised by April 21/22 storms.