NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Markovina v Haylock [2009] NSWLEC 1249
APPLICANT Markovina, Dan & Anor PARTIES : RESPONDENT Haylock, John
FILE NUMBER(S) : 20189 of 2009
CORAM: Fakes AC
KEY ISSUES: TREES (NEIGHBOURS) :- removal of tree; risk of injury.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 16 July 2009
EX TEMPORE JUDGMENT DATE : 16 July 2009
APPLICANT Mr D Markovina (Litigant in Person) LEGAL REPRESENTATIVES:
RESPONDENT N/A
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC
16 July 2009
20189 of 2009 Dan and Monica Markovina v John Haylock
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 Dan and Monica Markovina of 3 Ash Street Colo Vale against the owner of a tree located at 1 Ash Street. The owner of that property is John Haylock. Mr Haylock notified the Court that he would be unable to attend the on site hearing and would not object to the removal of the tree if that was to be ordered.
2 The applicants are seeking the removal of the tree as they contend that is it poses a risk of injury to themselves, their family and others.
3 The tree was identified by an un-named arboris/ horticulturist from Kambaleigh Nursery & Landscaping as a Eucalyptus obliqua (Messmate Stringbark). This person was engaged by the applicants. The tree is a late-mature remnant of the original vegetation. It is in poor to average health and has several serious structural defects. It is located at the front north-western corner of the respondent's property between the driveway and the south-western corner of the applicant's property. It consists of two remaining trunks; one large with a basal wound and another that appears as a separate tree but is highly likely to be connected to the other stem below ground level. The tree is approximately 22 m tall.
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