Letts v Nikolaidis

Land and Environment Court New South Wales Medium Neutral Citation: Letts v Nikolaidis & anor [2015] NSWLEC 1117 Hearing dates:23 April 2015Date of orders: 23 April 2015 Decision date: 23 April 2015 Jurisdiction:Class 2Before: Fakes C Decision: Part 2 application upheld in part see [34]Part 2A application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property; not applicable to future property on the land; Severe obstruction of views not found Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Haindl v Daisch [2011] NSWLEC 1145 Category:Principal judgmentParties: Mr D L M Letts (Applicant) Mr L Nikolaidis and Ms B Nikolaidis (Respondents) Representation: Counsel: Applicant: Mr D Letts (Litigant in person) Respondents: Mr L Nikolaidis (Litigant in person) Solicitors: File Number(s):20085 of 2015Judgment COMMISSIONER: The applicant owns adjoining lots in Newport. He contends that trees growing on the respondents’ property are causing damage to the roof of his house and garage and other trees severely obstruct his views of Pittwater. He is also concerned that the trees may be a fire hazard and are noisy in windy weather. The applicant has applied under both s7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) for orders seeking pruning and or removal of the trees. The respondents’ property adjoins both the applicant’s lots and is to the south. The Part 2 application In applications made under Part 2 of the Trees Act there are a number of jurisdictional...