Harrison v Neuer

Land and Environment Court New South Wales Medium Neutral Citation: Harrison & anor v Neuer & anor [2015] NSWLEC 1098 Hearing dates:15 April 2015Date of orders: 15 April 2015 Decision date: 15 April 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property, potential injury; threshold issue – tree not proven to be wholly or principally on adjoining land; actions of the parties, including the court, in attempting to clarify location. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Conveyancing Act 1919 Category:Principal judgmentParties: Robert and Jennifer Harrison (Applicants) Mark and Robyn Neuer (Respondents) Representation: Counsel: Applicants: Mr R Harrison (Litigant in person) Respondents: Mr J Kay (Solicitor) Solicitors: Respondents: Falvey Kay Lawyers File Number(s):20910 of 2014Judgment COMMISSIONER: On 29 October 2014 the applicants, who reside in Port Macquarie, lodged a Tree Dispute Application with the Local Court in that city. The application was then forwarded to the Land and Environment Court. The matter was listed for a directions hearing by telephone on 15 December 2014. The application is made pursuant to s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2007 (the Trees Act). The orders sought by the applicants are as follows [as written]: 1. That the Respondents take responsibility for the Tree that is partially located on their property as is shown by the Surveyors plan & Report. (dated 20-10-09 and marked No.20.) and that they refrain from disposing of any branches or dead wood that should fall on their side...