Jurd & Anor v Belonga Pty Ltd [2012] NSWLEC 1153

Jurd & Anor v Belonga Pty Ltd [2012] NSWLEC 1153

The Court had jurisdiction to make orders regarding the fence because the tree, although removed, had caused damage that brought the matter within the relevant statutory provisions. The fence was in a poor condition due to both the tree and its age, and the parties should share equally in the cost of replacement.

Jurisdiction
Australia
Judgment Date
07 June 2012
Procedural Posture
Class 2 / Judgment After Onsite Hearing
Outcome
Orders made for removal and replacement of portion of the boundary fence; costs to be shared equally.
Legal Topics
['trees' 'dividing Fences' 'damage to Property']
['property Law' 'neighbour Disputes'] ['trees' 'dividing Fences' 'damage to Property']

Case Brief

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Procedural Posture

Class 2 / Judgment After Onsite Hearing

Legal Issues

  1. 1 ['Whether the Land and Environment Court has jurisdiction to make orders concerning a damaged boundary fence where a tree has caused damage and has since been removed' 'Whether orders for replacing the fence should be made and costs apportioned']

Ratio Decidendi

The Court had jurisdiction to make orders regarding the fence because the tree, although removed, had caused damage that brought the matter within the relevant statutory provisions. The fence was in a poor condition due to both the tree and its age, and the parties should share equally in the cost of replacement.

Court Disposition

Orders made for removal and replacement of portion of the boundary fence; costs to be shared equally.

Orders

  • ['Within 14 days both parties to obtain at least one quote to remove and replace the affected rear boundary fence section with a 1.5 metre colourbond fence.' 'Within 14 days both parties to agree on the quote. If they cannot agree, the applicant may choose the quote.' 'The selected fencing contractor to be engaged...