Wei v Borello

Land and Environment Court New South Wales Medium Neutral Citation: Wei v Borello & ors [2016] NSWLEC 1003 Hearing dates:24 November 2015Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction:Class 2Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage or injury; nexus not found between trees and damage; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Category:Principal judgmentParties: Quing Wei (Applicant) Domenico Borello (First Respondent) Francesca Borello (Second Respondent) Rocco Borello (Third Respondent) Gracell Gallo (nee Borello) (Fourth Respondent) Representation: Quing Wei, litigant in person (Applicant) Mr S Nasti, solicitor (Respondents) File Number(s):20816 of 2015JudgmentBackground Mrs Wei (‘the applicant’) has owned her property in Fairfield since 1994. She runs a childcare centre on the property. Around 1995 she had brick walls constructed around the boundaries: there is a wall along the side boundary next to a side street; there are walls along the common boundaries with properties to her south and east. Members of the Borello family (‘the respondents’) have owned the property to her south since 1999. On their property near their common boundary with Mrs Wei’s property are two trees: a fig tree and a murraya. Both trees are approximately one metre from the boundary and their canopies overhang the brick wall. The brick wall is approximately 2.5 metres tall near the trees. Mrs Wei became concerned about the trees some years ago. She...