Weinert v Metcalfe

Land and Environment Court New South Wales Medium Neutral Citation: Weinert & anor v Metcalfe [2016] NSWLEC 1017 Hearing dates:22 January 2016Date of orders: 22 January 2016 Decision date: 22 January 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted in part see [24] Catchwords: TREES [NEIGHBOURS] Damage to property; compensation; extent of damage; actions of the parties; pruning, removal and compensation ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Yang and Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: P and L Weinert (Applicants) J Metcalfe (Respondent) Representation: Applicants: P & L Weinert (Litigants in person) Respondent: J Metcalfe (Litigant in person) File Number(s):20888 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The applicants have applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of two trees (trees 4 and 5), maintenance or removal of another nine trees, and compensation of $4,340 - $540 for an antenna and $3,800 for cleaning and repainting of guttering. These orders are sought on the basis that two of the trees have caused damage to the guttering and the antenna and the other trees may cause damage in the future. The quote for the repainting of the whole of the guttering is based on the difficulty in matching the colour. The trees in question are growing on the respondent’s Yerrinbool property close...