Thompson v Bignall [2009] NSWLEC 1149

Land and Environment Court of New South Wales

CITATION : Thompson v Bignall [2009] NSWLEC 1149

APPLICANT Mark and Belinda Thompson PARTIES : RESPONDENT Lorraine Bignall

FILE NUMBER(S) : 20133 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the tree, damage to property, risk of injury to people

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Yang v Scerri [2007] NSWLEC 592 CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513

DATES OF HEARING: 15/05/2009

DATE OF JUDGMENT: 15 May 2009

APPLICANT Mark and Belinda Thompson, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Lorraine Bignall, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

15 May 2009

20133 of 2009 Mark and Belinda Thompson v Lorraine Bignall

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 Mark and Belinda Thompson of 5 Glencoe Avenue Wyoming against a Liquidambar located on a property owned by Lorraine Bignall at 3 Glencoe Avenue Wyoming.

2 The applicants are seeking the removal of the tree as they contend that it has caused damage to their property and may continue to do so. The actual damage relates to a fallen branch and the future damage concerns falling branches and root damage to the sewer. They are also concerned about potential risk of injury to people, especially their children, from falling branches and slipping on the fruit of the tree.