Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3:

1. COMMISSIONER: Mr and Mrs Battiato of 20 Kanangra Avenue Corlette submitted an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (Trees Act).

2. There is a retaining wall (approximately 10 - 12 metres long) situated between 20 Kanangra Avenue Corlette and the neighbouring property owned by Mrs Clifton, the Respondent, of 22 Kanangra Avenue Corlette. It was accepted by both parties during the hearing that the retaining wall is located on the shared property boundary. Due to the slope of the land the retaining wall also acts as a dividing fence.

3. The retaining wall was constructed in two parts and at two different times during the 1990s, and at the section of concern, is constructed of treated pine timber. This section of the retaining wall is now dilapidated and requires replacement.

4. Previous communication between the parties regarding reconstruction of the retaining wall have since lapsed, however both parties believe the retaining wall is now in need of urgent repair. Some disagreement remains regarding the cause of the dilapidation of the retaining wall and whether the parties should share costs of retaining wall replacement and tree removal.

5. Mr Battiato contends that a (now removed) pine tree located on 22 Kanangra Avenue Corlette contributed to the failure of the dilapidated section of the retaining wall due to root growth.

6. Mrs Clifton had no objection to the removal of the pine tree upon request and organised for the tree to be removed. These works were organised and undertaken in a timely manner. The Respondent has done nothing nor omitted to do anything to worsen any potential damage caused by the tree. Mrs Clifton disputes whether the tree was the main cause of the damage to the retaining wall. There are other smaller trees in proximity to the retaining wall. These remaining trees would need removal to enable replacement of the retaining wall.

7. There is a pine tree located near the boundary at the front of 22 Kanangra Avenue (tree number 5). This tree is located near a concrete pathway located on 20 Kanangra Avenue which is cracking. The Respondent, Mrs Clifton has no objection to the removal of this pine tree.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971a37e4e35b73e8ef99fd5)

Disclaimer: Curated by HT Syndication.