Fotoulis v Taylor [2009] NSWLEC 1179

Land and Environment Court of New South Wales

CITATION : Fotoulis v Taylor [2009] NSWLEC 1179

APPLICANT Peter Fotoulis PARTIES : RESPONDENT John and Miro Taylor

FILE NUMBER(S) : 20176 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the trees, damage to property, cause injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 29 May 2009

EX TEMPORE JUDGMENT DATE : 29 May 2009

APPLICANT Mr P Fotoulis (Litigant in Person) LEGAL REPRESENTATIVES:

RESPONDENT Mr J and M Taylor, (Litigants in Person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 29 May 2009

20176 of 2009 Peter Fotoulis v John and Miro Taylor

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 Peter Fotoulis who owns a property that he rents at 25 Nundah Place Woronora against the owners of three trees growing at 29 Nundah Place. That property is owned by John and Miro Taylor. The trees are two Corymbia citriodora (Lemon-scented Gum) and one Angophora costata (Smooth-barked Apple). [The gums have bark that is more typical of the related C. maculata or Spotted Gum, but the leaves and the fruit are more typical of Lemon-scented Gum.]

2 The applicant is seeking the removal of the trees. He is concerned that the largest of the trees (tree 1 – Lemon-scented Gum) has caused damage to his property and will continue to do so. He is also concerned that a possible structural problem in the upper canopy of the tree that was identified in an arborist's report could fail and cause injury to anyone in the house. He is concerned that the other two trees, tree 2 another Lemon-scented Gum and tree 3 the Angophora, are growing close together and are both leaning towards his house. He fears they may fall onto his house sometime in the future thus causing damage and or injury. All trees are to the north of the applicant's property.