Tadros v New South Wales Land and Housing Corporation [2022] NSWLEC 1524

Land and Environment Court New South Wales

Medium Neutral Citation: Tadros v New South Wales Land and Housing Corporation [2022] NSWLEC 1524 Hearing dates: 23 May 2022 Date of orders: 28 September 2022 Decision date: 28 September 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – whether neighbouring trees have damaged the applicant's property – whether trees are likely to cause damage or injury – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Category: Principal judgment Parties: Sandra Tadros (Applicant) New South Wales Land and Housing Corporation (Respondent) Representation: Counsel: S Tadros (Self-represented) (Applicant) K Lloyd (Respondent)

Solicitors: McCabes Lawyers (Respondent) File Number(s): 2021/361589 Publication restriction: No

Judgment

Background to the application 1. COMMISSIONER: Sandra Tadros (the Applicant) lives at her Roselands residential property with her family. Neighbouring land is owned and managed by the New South Wales Land and Housing Corporation (the LAHC, or the Respondent). Three trees on the Respondent's land are a short distance from the Applicant's rear fence: 1. an 8-metre Swamp Oak (Casuarina glauca) approximately 3 metres from the Applicant's rear boundary; 2. a 20-metre Spotted Gum (Corymbia maculata) approximately 4 metres from the boundary; and 3. a 24-metre tall Spotted Gum approximately 5.5 metres from the boundary. 1. Ms Tadros has complained to the LAHC about the trees for several years, often receiving no response, or a response that provided no clear resolution. In December 2019 the LAHC removed a Swamp Oak that grew close to the boundary fence, but Ms Tadros wants the remaining three trees removed. In December 2021, Ms Tadros applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) seeking orders for the LAHC to remove the three trees and to pay her $19,281.82 to rectify damage to her property. Ms Tadros' claim includes recovery of costs incurred in making her application to the Court. Commissioners of the Court do not have the power to award costs. 2. The LAHC engaged Danny Draper, arborist of Urban Tree Management, to assess the trees and prepare a report, which is dated 4 May 2022, 19 days before the hearing. The trees were pruned prior to the hearing. 3. The final hearing took place onsite, allowing me to view the trees, Ms Tadros' property and the surrounding environment.