Smith v Miller [2010] NSWLEC 1063

Land and Environment Court of New South Wales

CITATION : Smith v Miller [2010] NSWLEC 1063

APPLICANT Richard and Gail Smith PARTIES : RESPONDENTS Ian and Marylyn Miller

FILE NUMBER(S) : 20008 of 2010

CORAM: Fakes C

TREES (NEIGHBOURS) :- Damage to property KEY ISSUES: Injury to persons Appeal to remove tree dismissed

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

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

DATES OF HEARING: 22/03/10

DATE OF JUDGMENT: 22 March 2010

EX TEMPORE JUDGMENT DATE : 22 March 2010

APPLICANT Richard and Gail Smith [litigants in person] LEGAL REPRESENTATIVES:

RESPONDENT Ian and Marylyn Miller [litigants in person]

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

22 March 2010

20008 of 2010 Smith v Miller

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by Mr and Mrs Smith of 35 White Cedar Drive against the owners of a tree growing at 33 White Cedar Drive. The owners of that property are Mr and Mrs Miller.

2 The applicants are seeking the removal of a mature Eucalyptus saligna (Sydney Blue Gum) as they contend that the tree has caused, and could continue to cause, damage to their property and is a risk of injury to persons.