Webster v O’Brien [2008] NSWLEC 1439

Land and Environment Court of New South Wales

CITATION : Webster v O'Brien [2008] NSWLEC 1439

APPLICANT Ian and Julie Webster PARTIES : RESPONDENT Julie and Stephen O'Brien

FILE NUMBER(S) : 20691 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal of tree, risk of injury to persons, damage to property.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Black v Johnson (No 2) [2007] NSWLEC 513

DATES OF HEARING: 24/10/2008

EX TEMPORE JUDGMENT DATE : 24 October 2008

APPLICANT Mr I. and Mrs J. Webster, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs J. and Mr S.O'Brien, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

24 October 2008

20691 of 2008 Ian and Julie Webster v Julie and Stephen O'Brien

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Webster of 47 Henwood Avenue Wagga Wagga against the owners of a tree located at 49 Henwood Avenue Wagga Wagga. That property is owned by Mr and Mrs O'Brien.

2 The tree is a Eucalyptus albens (White Box) located at the rear northern corner of the respondents' property within about 1.5 m of the side boundary fence between them and the applicants. Part of the canopy overhangs the far western corner of the applicants' property that being a row of conifers along their back fence.