Kirkwood v Harvey [2009] NSWLEC 1292

Land and Environment Court of New South Wales

CITATION : Kirkwood v Harvey [2009] NSWLEC 1292

APPLICANT Emma Kirkwood PARTIES : RESPONDENT Helen Harvey

FILE NUMBER(S) : 20281 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of a tree.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 28 August 2009

EX TEMPORE JUDGMENT DATE : 28 August 2009

APPLICANT Ms E Kirkwood (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT Ms H Harvey (litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 28 August 2009

20281 of 2009 Emma Kirkwood v Helen Harvey

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 Mrs Emma Kirkwood of 108 Stanmore Road Stanmore against the owner of a tree growing at the rear of 106 Stanmore Road. The owner of that property is Mrs Helen Harvey.

2 The applicant is seeking the removal of a mature Celtis australis (Hackberry) as she contends that the roots of this tree have caused, are causing, and will continue to cause, structural damage to her house and paving.

3 The respondent does not want to remove the tree.

4 The properties 106 and 108 Stanmore Road are semi-attached dwellings of two storeys and of brick construction. According to Mrs Harvey, the houses were built in 1896 on the site of a former sandstone house. The front sections of the houses are of triple brick construction. The applicant did not dispute this information.