Mazurkiewicz v Mohamed [2024] NSWLEC 1274

Mazurkiewicz v Mohamed [2024] NSWLEC 1274

Removal of Tree 5 (southernmost tree in the hedge) is ordered as its roots have lifted brick pavers and continued root growth will cause further damage; applicant did not sufficiently inform respondents or prove they could have prevented the damage, so no compensation is ordered. Pt 2A application is refused as there is no severe obstruction of sunlight or views.

Parties
Applicant: Stanislaw Mazurkiewicz; First Respondent: Tamer Mohamed; Second Respondent: Vicki Flower
Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Application / Judgment
Outcome
Pt 2 application partially granted; Pt 2A application refused
Legal Topics
Trees (disputes Between Neighbours), Damage to Property, Obstruction of Sunlight, Obstruction of Views
Property Law Environmental Law Trees (disputes Between Neighbours) Damage to Property Obstruction of Sunlight Obstruction of Views

Case Brief

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Parties

Stanislaw Mazurkiewicz

Applicant

Tamer Mohamed

First Respondent

Vicki Flower

Second Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether respondents' trees caused damage to applicant's property
  2. 2 Whether respondents' trees severely obstruct sunlight or views from applicant's dwelling
  3. 3 Whether applicant made reasonable effort to reach agreement

Ratio Decidendi

Removal of Tree 5 (southernmost tree in the hedge) is ordered as its roots have lifted brick pavers and continued root growth will cause further damage; applicant did not sufficiently inform respondents or prove they could have prevented the damage, so no compensation is ordered. Pt 2A application is refused as there is no severe obstruction of sunlight or views.

Court Disposition

Pt 2 application partially granted; Pt 2A application refused

Orders

  • The Pt 2A application is refused.
  • The Pt 2 application is granted to the extent of the following orders.