Ballard v Pedruco [2010] NSWLEC 1192

Land and Environment Court of New South Wales

CITATION : Ballard v Pedruco [2010] NSWLEC 1192

APPLICANT Mrs E Ballard PARTIES : RESPONDENT Mr V Pedruco

FILE NUMBER(S) : 20259 of 2010

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Damage to property Tree removal ordered

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28 June 2010

DATE OF JUDGMENT: 14 July 2010

APPLICANT Mrs E Ballard [litigant in person] LEGAL REPRESENTATIVES:

RESPONDENT Mr V Pedruco [litigant in person]

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

14 July 2010

20259 of 2010 Ballard v Pedruco

JUDGMENT

1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Milner Avenue Hornsby against the owner of a Ficus elastica (Rubber Tree) growing in an adjoining property.

2 The applicant is seeking the removal of the tree as she contends that the tree has caused damage to her property and could continue to do so.

3 Under s 10(2) of the Act, the Court must not make an order unless it is satisfied that a tree subject to the application has caused, is causing or could, in the near future, cause damage to the applicant's property or could cause injury to any person.

4 In February 2010, the applicant's water pipes were ruptured. The location of the break required the excavation of a strip of concrete to access the pipes. The excavation revealed that a large root from the Rubber Tree had fractured the pipe. Photographs included in the application clearly show the damaged pipe and the roots. One of the roots appears to have lifted and fractured the pipe.