Khan v Saleeby [2009] NSWLEC 1048

Land and Environment Court of New South Wales

CITATION : Khan v Saleeby [2009] NSWLEC 1048

APPLICANT Sultan Khan PARTIES : RESPONDENT Adrian Saleeby

FILE NUMBER(S) : 21078 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of a tree by 30 April 2009.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 29/01/2009

EX TEMPORE JUDGMENT DATE : 29 January 2009

APPLICANT Sultan Khan LEGAL REPRESENTATIVES:

RESPONDENT Adrian Saleeby

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

29 January 2009

21078 of 2008

Sultan Khan v Adrian Saleeby

JUDGMENT The extemporaneous decision was given on 29 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: A large Ironbark tree stands in the south-eastern corner of the backyard of 33 Adella Avenue, Blacktown. The tree is about 1 m from both the side and rear boundaries. Most of the tree is dead. The property is owned by Mr Saleeby.

2 Mr Khan is the owner of the adjoining property to the south. He has made an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify and prevent property damage and to avoid risk of injury to people. He seeks orders for removal and disposal of the tree. He was accompanied at the hearing by his son Shaneel Khan.

3 When assessing an application under the Act, the Court must be satisfied that one or more of the four tests in s 10(2) (a) and (b) of the Act are met by each tree before making an order regarding that tree. These tests are: Has the tree caused damage to the applicant's property ? Is the tree now causing damage to the applicant's property ? Is the tree likely in the near future to cause damage to the applicant's property ? Is the tree likely to cause injury to any person?