Sier v Owners Corporation SP 35395 [2008] NSWLEC 1442

Land and Environment Court of New South Wales

CITATION : Sier v Owners Corporation SP 35395 [2008] NSWLEC 1442

APPLICANT Geoffery Sier PARTIES : RESPONDENT Owners Corporation SP 35395

FILE NUMBER(S) : 20514 of 2008

CORAM: Moore C - Fakes AC

KEY ISSUES: Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 2 October 2008

EX TEMPORE JUDGMENT DATE : 2 October 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr M Carter, agent

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

2 October 2008

20514 of 2008 Geoffery Sier v Owners Corporation SP 35395

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS : Mr Sier has made an application to the Court for removal of 16 trees located on the adjacent property to the south of his home at 206 Granite Street at Port Macquarie. The 16 trees are listed below (from the front of the adjacent block to the rear): 1. Leptospermum sp (Tea Tree) 2. Callistemon sp (Bottlebrush) 3. Gardenia sp (Gardenia) 4. Callistemon sp (Bottlebrush) 5. Lauris nobilis (Bay Tree) 6. Leptospermum sp (Tea Tree) 7. Cinnamomum camphora (Camphor Laurel) 8. Callistemon sp (Bottlebrush) 9. Leptospermum sp (Tea Tree) – touching the fence 10. Leptospermum sp (Tea Tree) 11. Callistemon sp (Bottlebrush) 12. Leptospermum sp (Tea Tree) 13. Tristaniopsis laurina (Water Gum) 14. Acmena sp (Lillypilly) 15. Acmena sp (Lillypilly) 16. Hakea salicifolia (Willow-leafed Hakea) 2 The property to the south is a strata plan with the trees being located on the common property. Mr Carter, agent for the owners corporation of the strata plan, did not raise any objection to Mr Sier's application being amended to reflect the correct ownership of the trees on the common property.