Daniels v Wyner

Land and Environment Court New South Wales Medium Neutral Citation: Daniels v Wyner & anor [2015] NSWLEC 1250 Hearing dates:23 June 2015Date of orders: 08 July 2015 Decision date: 08 July 2015 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 30. Catchwords: Trees (disputes between neighbours); damage; debris; application upheld; orders differ from the orders sought; orders for pruning and cabling. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Category:Principal judgmentParties: Peter Daniels (Applicant) Paul Wyner (First Respondent) Martine Wyner (Second Respondent) Representation: Peter Daniels, litigant in person (Applicant)   Solicitors: Mr Mark Driscoll, BCP Lawyers & Consultants (Respondents) File Number(s):20278 of 2015JudgmentBackground Since 1979, Mr Daniels (‘the applicant’) has lived at his Cromer property in Sydney’s northern beaches region. Soon after he began occupying his property he added some retaining walls in his back yard so that he could establish some level garden beds for growing vegetables and other plants. From its street frontage, Mr Daniels’ property slopes down to the north where it shares a common boundary with the Wyners’ property. The Wyners (‘the respondents’) have owned and lived at their property for approximately two years. In their rear garden, not far from this common boundary, stands a mature Liquidamber tree (‘the tree’). The tree’s broad crown spreads over the back yards of both properties; its roots spread throughout the soil within both properties. It is now winter and the...