Elson v Novek

Land and Environment Court New South Wales Medium Neutral Citation: Elson v Novek [2015] NSWLEC 1454 Hearing dates:23 October 2015Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is dismissed. Catchwords: Trees (Disputes Between Neighbours); insect damage; jurisdiction; property damage; dividing fence: application dismissed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Dooley v Newell [2007] NSWLEC 715 Clune v Falconer [2008] NSWLEC 1458 Moase v McMahon [2010] NSWLEC 1123 Smith and Hannaford v Zhang and Zhau [2011] NSWLEC 29 Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Category:Principal judgmentParties: G Elson (Applicant) C Novek (Respondent) Representation: G Elson, litigant in person (Applicant) C Novek, litigant in person (Respondent) File Number(s):20567 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a mature Celtis australis (Celtis or European Nettle Tree) tree located on the respondent’s property at Narellan. The tree is located within a couple of metres of the common boundary fence with the applicant’s property and a portion of the canopy overhangs a courtyard that is the primary outdoor open space area for the applicant. The applicant is seeking orders for the removal of the Celtis tree, reimbursement of the costs associated with the maintenance of the...