Bouas v Connolly [2008] NSWLEC 1344

Land and Environment Court of New South Wales

CITATION : Bouas v Connolly [2008] NSWLEC 1344

APPLICANT Frances Bouas PARTIES : RESPONDENT John and Lisa Connolly

FILE NUMBER(S) : 20566 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Damage to property, overshadowing,

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152

DATES OF HEARING: 11/08/2008

EX TEMPORE JUDGMENT DATE : 11 August 2008

APPLICANT Ms F Bouas, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr J and Mrs L Connolly, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

11 August 2008

20566 of 2008 Frances Bouas v John and Lisa Connolly

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mrs Bouas, owner of 26 Ada Street, Waratah has applied to the Court for orders that a Fiddlewood tree (Citharexylum spinosum) be removed. The tree is situated on 39 Alfred Street, Waratah the adjoining property to the west owned by Mr and Mrs Connolly. The tree is growing near the common boundary about mid-way across Mr and Mrs Connolly's backyard.

2 Mrs Bouas bought her property in 2001, the tree being on her advice somewhat smaller at that time. Mrs Bouas' concerns are: o Overhanging low branches may damage a shed or roof structure if she were to construct it; o Shade caused by the tree; o Dropping of leaves; o Possible damage by roots of the tree.