Bowden v Sverkidis

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Bowden v Sverkidis & anor [2015] NSWLEC 1410 Hearing dates:25 September 2015Date of orders: 25 September 2015 Decision date: 25 September 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is dismissed. Catchwords: Trees (Disputes Between Neighbours); jurisdictional tests; damage; trees on boundary; reimbursement of remediation costs; application dismissed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Smith and Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: S Bowden (Applicant) A Sverkidis (First Respondent) J Sverkidis (Second Respondent) Representation: S Bowden, litigant in person (Applicant)   Solicitors: K Morris, Macedone Legal (Solicitor for the Respondent) File Number(s):20529 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning three trees located on the respondent’s property at Blakehurst. The trees are identified as Trees 1, 2 and 3 on the application and are located close to the common side boundary with the applicant’s property. There are two single skin brick walls, located approximately 20mm apart, that run along the length of the common side boundary between the applicant’s and respondent’s properties. It appears that the walls are separate structures and that one is located on the respondent’s property and one on the applicant’s property. The respondent’s property is higher than the applicant’s property for much...