Patane v Singh

Land and Environment Court New South Wales Medium Neutral Citation: Patane v Singh & anor [2015] NSWLEC 1495 Hearing dates:27 November 2015Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property; compensation; absence of evidence; other factors. Legislation Cited: Civil Procedure Act 2005 Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category:Principal judgmentParties: Robert Patane (Applicant) Rashpal Singh (First Respondent) Paramjit Kaur (Second Respondent) Representation: Applicant: Ms J McIntosh (Barrister) (Direct access) Respondents: Ms A Gibbons (Barrister) Solicitors: Respondents: Muhammad Chaudhry MIC Lawyers File Number(s):20726 of 2015Judgment COMMISSIONER: The applicant purchased his Doonside property in August 2013. At the rear of the property, in the south-eastern corner is a concrete slab some 200mm from the boundary to the south and approximately 300mm from the common boundary with the respondents’ property to the east. The slab is all that remains of a garage thought to have been between 40 and 50 years old. The applicant contends that an English Oak tree (Quercus robur), wrongly identified in the application claim form as a ‘Rubber Tree’, growing at the rear of the respondents’ property, caused irreparable damage to the...