Rogers v Relf

Land and Environment Court New South Wales Medium Neutral Citation: Rogers v Relf & anor [2016] NSWLEC 1018 Hearing dates:27 January 2016Date of orders: 27 January 2016 Decision date: 27 January 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted in part see [37] Catchwords: TREES [NEIGHBOURS] Damage to property; potential injury; compensation; sufficiency of evidence Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category:Principal judgmentParties: Mr M Rogers (Applicant) Mr C Relf and Ms D Smith (Respondents) Representation: Applicant: Mr M Rogers (Litigant in person) Respondent: Mr D Tyrell (Solicitor)   Solicitors: Respondent: McKees Legal Solutions File Number(s):21057 of 2015Judgment COMMISSIONER: The applicant owns a battle axe block in Padstow Heights. The respondents own the adjoining property to the west; along that property’s eastern boundary are a number of trees. The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of one tree, removal of tree roots, and compensation for damage caused to his property. These orders are sought on the basis that the trees either have caused, or could in the future...