Latest news with #Corlette
News.com.au
2 days ago
- General
- News.com.au
NSW Land and Environment Court rules on Battiato v Clifton tree dispute
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region.
Yahoo
2 days ago
- General
- Yahoo
Neighbour's court battle over tree
A long-running tussle between neighbours over a pine tree and a crumbling retaining wall has finally ended, with a court ordering both parties to share costs for the fix-up. The brouhaha between Vince and Natalie Battiato of 20 Kanangra Ave and Faye Clifton of 22 Kanangra Ave in the coastal NSW town of Corlette escalated into a legal stoush because of the dilapidated wall that splits the two properties. The wall needed to be fixed and the neighbours could not agree on who should pay. The Battiatos contended that the roots of an old pine tree, which has since been removed, on Ms Clifton's property was the main contributor to the damage to the wall. But Ms Clifton shot back and argued the age of the wall was the central factor underpinning its dilapidation. In their application to the NSW Land and Environment Court, the Battiatos said Ms Clifton should remove all remaining trees on her property to facilitate the reconstruction of the wall and then pay for the fix-up. They also wanted her to bear all court costs. In her submission, Ms Clifton pushed for a 'just and fair outcome to a lengthy ongoing dispute', court documents show. She asked for costs to be shared between the parties for the reconstruction job. Acting Commissioner Peter Nichols AC, settling the dispute, visited the site and concluded age was the primary cause of the wall's dilapidation. But he added the tree had also likely caused some damage. 'The tree has been shown to have exacerbated damage to the section of the retaining wall, thus engaging the court's jurisdiction, however orders made for any compensation are a matter of discretion,' he said. 'Given the nature of the retaining wall, it appears that, in the main, the dilapidation was a function of the age and inappropriate design and construction materials of the retaining wall.' In his decision, handed down this week, Dr Nichols upheld the application from the Battiatos but only 'in part'. He ordered Ms Clifton to remove seven trees from her property, including tree stumps, trunks and roots 'with a diameter of greater than 100mm located within 200mm of the shared property boundary between 20 and 22 Kanangra Ave'. The trees are camellia, lemon and pine trees. But he ordered for the wall reconstruction costs to be split '50-50'. 'Within 365 days of the date of these orders the applicants (Battiatos) and respondent (Ms Clifton) are to arrange and pay for the design and construction of the replacement retaining wall, including obtaining all necessary approvals from Port Stephens Council … sharing the costs 50-50,' he said. The neighbours were ordered to swap quotes beforehand to find the cheapest option from 'suitably qualified and experienced building contractors'. Further, Dr Nichols ordered the parties to construct a new boundary fence on the top of the new retaining wall on the shared property boundary, splitting the costs 50-50. Legislation within the Trees (Disputes Between Neighbours Act) from 2006 and the Dividing Fences Act from 1991 covered the dispute. Port Stephens Council sits north of Newcastle in NSW's Hunter Valley region. Corlette lies next to famous Nelson Bay, a popular tourist destination in the region.
Yahoo
06-03-2025
- Business
- Yahoo
My wife died when our twins were 6. It was hard raising them alone while running multiple businesses.
Bernard James' wife, Corlette, died from cancer in 2009. He had 6-year-old twins and multiple businesses. After her death, he moved across the country for a fresh star This as-told-to essay is based on a conversation with Bernard James, owner of Taste of the Caribbean LA. It has been edited for length and clarity. I moved to the US from Guyana when I was a teenager and started working for my uncle's plumbing company in New York City. We did a lot of business with another construction company, and one day my uncle asked me if I'd seen the daughter who worked in the office there. "She's so beautiful," he said. So, I called the company's office, knowing Corlette would answer the phone. Soon, we were on our first date. I was only 19, and Corlette was five years older than me. She knew exactly what she wanted: to have kids, buy property, and find a church home. She was a Leo, and I could see what a powerful woman she was. Corlette and I got married when I was 22, and a few years later, she was pregnant with twins. I was making about $1,500 a week working for my uncle, but I knew I could make more on my own. I started my own plumbing company and bought a building in Brooklyn during her pregnancy. I had plans to slowly renovate it and open a restaurant. Corlette was still running her family's company, too. Everything was happening at once: babies and businesses. Luckily, Corlette was a strong, strong woman. She lit up a room when she walked into it, but in business, she commanded respect. We were busy, and it was a surprise when Corlette was diagnosed with cancer in December 2008. Her health quickly went downhill. She died in 2009 when our twins were only 6. The next few years were not an easy road. I still had the plumbing company and the restaurant to keep afloat, plus business ends to tie up for Corlette's company. A nanny helped me with the twins, and I also moved my sister in to help. Still, the stress felt like a monkey on my back. I started thinking about a fresh start. Corlette and I had visited California together, and I had commented on the fact that there was no Caribbean food. I thought it would be a good place to grow my restaurant business. I moved to California in 2013. Navigating LA traffic to get the kids to school and working late nights at my food truck was difficult. Eventually, I grew my California business from a food truck to brick-and-mortar locations. Today, we have restaurants in Long Beach and Hollywood. My twins, who are now 22, grew up in the business, bussing tables and serving people. Now, my son works with me and owns 30% of the business. My daughter chose to open a marketing business because she didn't want the demanding schedule of running a restaurant. It's been 15 years since Corlette died, but I still think about her often. I wonder where my business would be if she were still alive because she was such a powerful businesswoman. The twins and I still raise money for cancer in Corlette's memory, including through our Miss Caribbean pageants. We want to keep their mother's name alive, and it's working. At the same time, I'm living my life. I have a 3-year-old son who was a pandemic baby. We call him Little Chef. He and his mom live with me and the twins. I haven't remarried, but I have expanded my family. Read the original article on Business Insider
