Frith v Devile

Land and Environment Court New South Wales Medium Neutral Citation: Frith & anor v Devile & anor [2014] NSWLEC 1198 Hearing dates:25 September 2014Decision date: 25 September 2014 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property; injury; compensation; tree not substantially on respondents' land Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Vella v The Owners of Strata Plan 8670 [2007] NSWLEC 365 Category:Principal judgmentParties: Mr D Frith & Ms R Frith (Applicants) Mr S Devile and Ms P Devile (Respondents) Representation: Applicants: D & R Frith (Litigants in person) Respondents: P Devile (Litigant in person/ agent) File Number(s):20574 of 2014 JudgmentCOMMISSIONER: The applicants have applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of what they contend are hazardous trees growing on an adjoining property in Winmalee. They are also seeking orders for compensation of a sum of $3388.00 for the cost of replacing roof sarking they contend was damaged, on two occasions, by branches falling from a large Ironbark.Section 7, Part 2 of the Act states:An owner of land may apply to the Court for an order to remedy, restrain or prevent damage to property on the land, or to prevent injury to any person, as a consequence of a tree to which this Act applies that is situated on adjoining land.The application identifies four trees - one Ironbark and three...