Cvitanovic v Spesyvy

Land and Environment Court New South Wales Medium Neutral Citation: Cvitanovic & anor v Spesyvy & anor [2015] NSWLEC 1365 Hearing dates:7 September 2015Date of orders: 07 September 2015 Decision date: 07 September 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld in part see [24] Catchwords: TREES [NEIGHBOURS] Damage to property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Dividing Fences Act 1991 Category:Principal judgmentParties: Zdenko & Renate Cvitanovic (Applicants) Nadia & Victor Spesyvy (Respondents) Representation: Applicants: Z & R Cvitanovic (Litigants in person) Respondents: N & V Spesyvy (Litigants in person) File Number(s):20479 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: This is an application made under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owners of a property in Maloney’s Beach near Batemans Bay against the owners of trees located on an adjoining property. Neither property is occupied by the owners on a permanent basis. The applicants claim that the respondents’ trees have damaged the driveway/ paving on the western side of their dwelling, as well as the dividing fence between the parties’ properties. The applicants are seeking Court orders requiring the respondents to pay for the replacement of the damaged paving and 70% of the replacement of the dividing fence. They are also seeking grinding of the roots that damaged the paving, removal of the trees they say have damaged the fence, and reimbursement of the cost of...