A Sydney couple has been ordered to pay compensation to their neighbour after a messy dispute over backyard trees spilled into a court battle.Â
The judgment, handed down by the NSW Land and Environment Court on Friday, caps a long-running dispute between feuding Oatley residents in Sydney’s south.Â
Philip Badolato applied to the court after failing to reach an agreement with his neighbours Tania and Shannon Ware, concerning six trees on their property.Â
The trees run along a shared boundary. Mr Badolato claimed one had damaged his property during a storm, and all six could cause further damage and even injuries.Â
Acting Commissioner David Galwey commented on the ‘level of animosity’ and ‘lack of trust’ between the neighbours but said it was ‘not unusual’ in neighbour disputes.Â
Mr Badolato sought orders requiring the Wares to prune one tree, remove five others, and pay compensation to the tune of nearly $3,000. Â
On Friday, he ordered the Wares to prune back four trees, to remove one tree and plant a new native tree within 90 days of the judgment to replace the removed tree.Â
In reaching the decision, he agreed all six trees either could or had caused damage to Mr Badolato’s property, and that one could cause injuries.Â
Pictured are the neighbouring homes owned by the Wares (left) and the Badolatos (right) in Sydney’s south
The Acting Commissioner considered conflicting arborist reports and attended a site visit to the properties along with the couples.Â
While he agreed Mr Badolato was due some compensation, he significantly reduced the award to $918 to be paid within two weeks of the decision.
One issue considered by the court was whether Mr Badolato made a reasonable effort to reach an agreement with the Wares before taking legal action.Â
Acting Commissioner Galwey ruled that he had, including by approaching them directly, offering mediation and contacting them via a lawyer.Â
But the Wares disagreed, claiming the legal letter Mr Badolato had sent them was ‘intimidatory’ and that he appeared ‘angry and hostile’.
‘Although the Wares see Mr Badolato’s attempts to reach an outcome as only self-interested, Mr Badolato had genuine concerns about the trees after one of them caused damage during a storm,’Â Acting Commissioner Galwey said.
The Wares tried and failed to argue that the costs for pruning trees should be shared with Mr Badolato where deadwood was overhanging his property.Â
‘Because the Badolatos have not contributed to the risk through their own actions, the cost of tree works will sit, as they usually do, with the respondents,’ Acting Commissioner Galwey wrote.Â
Mr Badolato successfully claimed his property was damaged and at risk of further damage from several trees on the Wares propertyÂ
Both homes, located on a quiet riverside cul-de-sac in the St George area, have estimated values north of $2million.Â
The Wares’ home was last sold in 2007 for $760,000. Mr Badolato’s home went for $1.8million in March 2021.Â
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Common backyard feature sparks bitter war between neighbours: ‘Lack of trust’