Hodgson v Woodward [2009] NSWLEC 1283

Land and Environment Court of New South Wales

CITATION : Hodgson v Woodward [2009] NSWLEC 1283

APPLICANT D Hodgson PARTIES : RESPONDENTS M & L Woodward

FILE NUMBER(S) : 20282 of 2009

CORAM: Moore SC - Pearson C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 21 July 2009

EX TEMPORE JUDGMENT DATE : 21 July 2009

APPLICANT Mr M Muriniti, solicitor LEGAL REPRESENTATIVES: L C Muriniti & Associates

RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC PEARSON C THYER AC

21 July 2009

20282 of 2009 Hodgson v Woodward

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: This is an application made concerning three trees on a property owned by Mr and Mrs Woodward at Allambie Heights. To the direct west of the property is located a child-care centre operated by the applicant and a number of others associated with his family company. The three trees that are the subject of the application are Chinese Tallow trees.

2 There are two bases for the application. The first is that the leaves from the trees (these are deciduous trees) and, perhaps to a lesser extent, the fruits from the trees fall into a box gutter located at the connection of a new carport structure and sleeping room (for children attending the centre) and an old garage structure that has been converted to form part of the child-care facility. The second is the leaves and fruit from the trees blow onto the applicant's property and constitute a risk of injury to children who attend the child-care centre.