Turner v Garlick

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Turner v Garlick [2014] NSWLEC 1159 Hearing dates:13 August 2014Decision date: 13 August 2014 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld in part. See orders at paragraph 25 Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; orders for two trees to be removed; application regarding one tree dismissed. Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: William and Leanne Turner (Applicants) Colin and Melissa Garlick (Respondents) Representation: Roberts Legal (Applicants) Mr B Richards, solicitor (Applicants) Mr C Garlick, litigant in person (Respondents) File Number(s):20294 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationIn Fern Bay the landscape is dotted with established trees among dwellings on large residential lots. One such tree ("Tree 1") is a mature fig (Ficus microcarpa) growing within the property of Mr and Mrs Garlick ("the respondents") in the northwest corner near their rear boundary. Mr and Mrs Turner ("the applicants") live at an adjoining property. Their property fronts a different street to the Garlick property so the section of common boundary is part of the Turners' side boundary but the Garlick's entire rear boundary. The fig tree is only several metres from the rear of the Turners' dwelling, that part of the dwelling being additions added to the original dwelling...