Baulch v Bogatai

Land and Environment Court New South Wales Medium Neutral Citation: Baulch v Bogatai & anor [2016] NSWLEC 1269 Hearing dates:20 June 2016Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction:Class 2Before: Fakes C Decision: The application is dismissed. Catchwords: TREES [NEIGHBOURS] Damage; injury; range of possible causes; presence of roots not conclusive Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Land and Environment Court Act 1979 Uniform Civil Procedure Act 2005 Land and Environment Court Rules 2007 Cases Cited: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category:Principal judgmentParties: Ms Wendy Baulch (Applicant) Mr Sacha Bogatai and Ms Rachael Poulden (Respondents) Representation: Applicant: Ms W Baulch (Litigant in person) Respondents: Mr C Poulden (Solicitor)   Solicitors: Respondents: Beilby Poulden Costello File Number(s):150148 of 2016Judgment COMMISSIONER: The applicant has applied under s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the replacement of the brick veneer wall at the rear of her dwelling at the respondents’ expense. The orders are sought on the applicant’s contention that trees that were growing on the respondents’ property caused the wall to crack. The applicant is also concerned that failure of the wall could cause injury to anyone on the respondents’ property. Relevant background and written evidence The parties’ properties back on to one another. The applicant’s property is upslope and to the north of the respondents’ property. The applicant’s dwelling is a part one,...