Kovacic v Smith

Land and Environment Court New South Wales Medium Neutral Citation: Kovacic v Smith & anor [2016] NSWLEC 1103 Hearing dates:11 March 2016Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction:Class 2Before: Durland AC Decision: The application is upheld Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); future damage, future injury, pruning ordered Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) (2009) Category:Principal judgmentParties: B Kovacic (Applicant) C Smith and S Smith (Respondents) Representation: B Kovacic, litigant in person (Applicant) C Smith and S Smith, litigants in person (Respondents) File Number(s):21093 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 tree located in the northern Sydney suburb of St Ives. The tree is identified in the application as Tree 1. The applicant (Mr Kovacic) owns the property directly to the rear of the property where the tree is located. Both the applicant and the respondents’ (Mr and Mrs Smith) properties are well vegetated with mature trees and shrubs. Tree 1 is located in the rear corner of the respondents’ property and a portion of the canopy overhangs the applicant’s property. In relation to Tree 1 the applicant is seeking orders for the removal of the tree or the pruning of all large diameter branches that overhang his property. The applicant contends that a fallen limb from the tree has caused damage...