Pali v Costigan; McBride v Costigan

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Pali v Costigan & anor; ; McBride & anor v Costigan & anor [2015] NSWLEC 1254 Hearing dates:25 June 2015Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 25. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; risk of injury; debris; application upheld; orders for pruning and compensation. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Category:Principal judgmentParties: 20282 of 2015 Les Pali (Applicant) Alan Costigan (First Respondent) Nicky Costigan Second Respondent)   20283 of 2015 Dominic McBride (First Applicant) Jean McBride (Second Applicant) Alan Costigan (First Respondent) Nicky Costigan Second Respondent) Representation: Counsel: Les Pali, litigant in person (Applicant, 20282 of 2015) Jean McBride, litigant in person (Applicant, 20283 of 2015) Alan and Nicky Costigan, litigants in person (Respondents, both matters)   Solicitors: File Number(s):20282 of 2015 and 20283 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Background These applications are made by owners of two neighbouring properties in Kiama Downs against the owners of a third property. Both applicants share contiguous sections of a common boundary with the respondents. The applications seek orders for tree removal pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006. Mr Pali (the Applicant in 20282 of 2015) seeks orders for the removal of...