Verma v Gander [2007] NSWLEC 473

Land and Environment Court of New South Wales

CITATION : Verma v Gander [2007] NSWLEC 473

APPLICANT Vivek Verma PARTIES : RESPONDENT Michael Gander

FILE NUMBER(S) : 20474 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- application to remove tree - damage to adjoining property - compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 23/07/07

EX TEMPORE JUDGMENT DATE : 23 July 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

23 July 2007

20474 of 2007 Vivek Verma v Michael Gander

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Mr Vivek Verma of 56 Adelaide Road, Padstow concerning a gum tree (Eucalyptus amplifolia) located close to the common boundary but on the adjoining property of Mr Michael Gander of 58 Adelaide Road, Padstow.

2 The extemporaneous decision was given on site on 23 July 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Mr Verma's application is to require the removal of the gum tree as: o the tree overhangs his property and drops leaves on his house that has resulted in rusting of the ridge valleys and gutters, o the tree drops leaves and branches and requires continual cleaning up, o his wife and son have developed an allergy to the tree leaves, o the tree roots will prevent the construction of a new driveway. 4 Mr Verma claims compensation of $3080 for roof repairs. 5 Mr Gander states that the removal of the tree is not necessary. In response to the application by Mr Verma, Mr Gander commissioned an arboricultural assessment of the tree by Mr Peter Richards of Tree & Landscape Consultants. The report stated that the tree was structurally sound but supporting a small amount of deadwood and recommended that council approval be sought to remove a small amount of growth to raise the crown. Previous pruning to remove branches overhanging Mr Verma's property was noted. As we understand, the recommended pruning has been undertaken.