Girilakis v Jerks

Land and Environment Court New South Wales Medium Neutral Citation: Girilakis v Jerks [2015] NSWLEC 1279 Hearing dates:17 July 2015Date of orders: 24 July 2015 Decision date: 24 July 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld in part see [12] Catchwords: TREES [NEIGHBOURS] Damage to property; consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Category:Principal judgmentParties: Mr J Girilakis (Applicant) Ms W Jerks (Respondent) Representation: Applicant: Mr E Calligeris (Agent) Respondent: Mr G Miller (Solicitor)   Solicitors: Respondent: Willis & Bowring File Number(s):20384 of 2015Judgment COMMISSIONER: The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of a tree growing on an adjoining property and compensation for damage to his garage that he contends has been caused by the tree. The applicant guesses the damages to be in the vicinity of $20,000.00 but has provided no supporting quotes. The matter commenced on site on 17 July 2015. The tree and the garage were inspected by the Court and the parties. The tree is a mature Camphor Laurel growing near the rear south-western boundary of the respondent’s Kogarah Bay property, close to the dividing fence between the parties’ properties. The applicant’s garage is within 900mm of the fence and close to the tree. Two large roots from the Camphor Laurel are visible between the fence and the concrete footing of the garage. Above the footing is a...