Calve v Deeth [2009] NSWLEC 1323

Land and Environment Court of New South Wales

CITATION : Calve v Deeth [2009] NSWLEC 1323

APPLICANT Serge and Cindy Calve PARTIES : RESPONDENT Michael and Kim Deeth

FILE NUMBER(S) : 20357 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of tree, damage to property, compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Krivoshev v Mahadevan [2009] NSWLEC 1277

DATES OF HEARING: 8 September 2009

EX TEMPORE JUDGMENT DATE : 8 September 2009

APPLICANT Mr Ippolito (solicitor) SOLICITOR Ippolito Lawyers LEGAL REPRESENTATIVES:

RESONDENT Mr Mednis (solicitor) SOLICITOR MacElbing Mednis & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

8 September 2009

20357 of 2009 Serge and Cindy Calve v Michael and Kim Deeth

JUDGMENT 1 An English Oak Tree (the tree) is growing on the northern side of the front yard of 32 Girraween Avenue, Como West. The northern edge of the trunk is approximately on the common boundary with the adjoining property to the north.

2 Mr and Mrs Calve are the owners of 30 Girraween Avenue, Como West, the adjoining property to the north. They make an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage, to prevent injury to people and for compensation. They seek orders for removal of the tree at the owner's expense, and compensation for $980 to carry out removal of roots under the driveway and repair of the driveway paving and edge. They are represented at the hearing by solicitor Mr Ippolito, and have provided two arboricultural reports by Mr Varley.