Gennusa v Dangerfield

Land and Environment Court New South Wales Case Name:  Gennusa & anor v Dangerfield & anor Medium Neutral Citation:  [2015] NSWLEC 1194 Hearing Date(s):  26 May 2015 Date of Orders: 26 May 2015 Decision Date:  26 May 2015 Jurisdiction:  Class 2 Before:  Fakes C Decision:  Application upheld in part – see [30] Catchwords:  TREES [NEIGHBOURS] Damage to property; potential injury; sufficiency of evidence of causation Legislation Cited:  Trees (Disputes Between Neighbours) Act 2006 Dividing Fences Act 1991 Limitations Act 1969 Cases Cited:  Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Moroney v John [2008] NSWLEC 32 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category:  Principal judgment Parties:  Mr Phillip Gennusa (First Applicant) Mrs Sarina Gennusa (Second Applicant) Mrs Toni Dangerfield (First Respondent) Mrs Daune Aartsen (Second Respondent) Representation:  Applicants: Litigants in person Respondents: Litigants in person File Number(s):  20181 of 2015 JUDGMENTThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.COMMISSIONER: The applicants who own a property in Putney have applied under s 7, Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of two trees growing on the adjoining property. They are also seeking a sum of $15,560.00 in compensation for damage to their property they allege has been caused by the respondents’ trees.The trees are two mature Cinnamomum camphora (Camphor Laurel) growing in...