Prasad v Dyster [2008] NSWLEC 21

Land and Environment Court of New South Wales

CITATION : Prasad v Dyster [2008] NSWLEC 21

APPLICANT Shiu Prasad PARTIES : RESPONDENT Barrie and Mary Dyster

FILE NUMBER(S) : 21125 of 2007

CORAM: Hoffman C - Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal and pruning of trees, potential damage due to poorly attached branches overhanging neighbour's courtyard.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 14/01/2008

EX TEMPORE JUDGMENT DATE : 14 January 2008

APPLICATION Mr S. Prasad, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr B. and Mrs M. Dyster, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C Fakes AC

14 January 2008

21125 of 2007 Shiu Prasad v Barrie and Mary Dyster

JUDGMENT 1 This is an application No. 21125 of 2007 under s 7 of the Trees (Disputes between Neighbours) Act 2006, between Shiu Prasad and Barrie & Mary Dyster in regard to a Ficus Benjamina and a Camphor Laurel adjacent to the rear boundary of No. 40 Audley Street, Petersham.

2 The neighbour at the rear is the applicant Mr Prasad of Apartment No. 5, in No. 30 Livingstone Road, Petersham. He said he owned the whole property and development of units at No. 30 Livingstone Road.

3 The hearing on site and in No. 30 was attended by the parties and by Mr R. Sage, Manager Park and Reserves of Marrickville Council, and Mr J. Norman, town planner of Council. 4 I note the apartment building was built under consent No. DA 16100 from Marrickville Council. It required seven rear boundary screen trees that are not yet planted. Also, this was confirmed in a later development consent DA 2006.0028 for an external rear toilet to Mr Prasad's apartment. The screen trees of that consent have not yet been planted.