Tripolone v Baddeley

Land and Environment Court New South Wales Medium Neutral Citation: Tripolone & anor v Baddeley & anor [2016] NSWLEC 1058 Hearing dates:17 February 2016Date of orders: 17 February 2016 Decision date: 17 February 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted in part – see [20] Catchwords: TREES [NEIGHBOURS] Damage and injury; removal refused, pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Ghazal v Vella (No. 2) [2011] NSWLEC 1340 Hinde v Anderson & anor [2009] NSWLEC 1148 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Joe and Anita Tripolone (Applicants) Stephen and Alba Baddeley (Respondents) Representation: Applicants: Mark Warren (Solicitor) Respondents: Mr S Baddeley (Litigant in person)     Solicitors: Applicants: Collins & Thompson File Number(s):21151 of 2015Judgment COMMISSIONER:   In the late 1980s and early 1990s the parties in this matter purchased their properties in Cherrybrook. On the respondents’ land were a number of eucalypts. In approving a development application for the construction of the respondents’ dwelling, Hornsby Council allowed the removal of several of the trees but required the retention of an established Eucalyptus pilularis (Blackbutt) growing near their south-eastern boundary. Part of the applicants’ north-western boundary adjoins the respondents’ property and the tree. The applicants have applied under s 7, Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders...