Lascaridis v Hamad

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Lascaridis v Hamad [2014] NSWLEC 1173 Hearing dates:20 August 2014Decision date: 20 August 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld in part: see orders at paragraph 28 Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to a dividing fence; whether a survey of the boundary is required; application upheld in part; orders for boundary survey; orders for tree removal, fence removal and fence construction. Legislation Cited: Civil Procedure Act 2005 Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Awad v Hardie [2010] NSWLEC 1213 Awad v Hardie (No 2) [2010] NSWLEC 1258 Giroud & Anor v Sharif & Anor [2014] NSWLEC 1119 Category:Principal judgmentParties: C Lascaridis (Applicant) M Hamad (Respondent) Representation: Simpson Freed Lawyers (Applicant) Fortis Law Group (Respondent) Michael Corbett-Jones, solicitor (Applicant) Zak Tayyar, solicitor (Respondents) File Number(s):20448 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationMr Lascaridis (the applicant) has a residential property in Padstow with colourbond fencing along some boundaries, but along most of the length of his northern boundary is a somewhat dilapidated timber paling fence held up in places by additional supports. There are several trees, none particularly large, on the other side of the fence. This is the common boundary he shares with Ms Hamad (the respondent), who owns and resides at the property to his north. Mr Lascaridis first brought the fence's condition to Ms...