Mackay v Grasso [2008] NSWLEC 1224

Land and Environment Court of New South Wales

CITATION : Mackay v Grasso [2008] NSWLEC 1224

APPLICANT Philip Mackay PARTIES : RESPONDENT Vince Grasso

FILE NUMBER(S) : 20184 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of tree, risk of injury

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 22/05/2008

EX TEMPORE JUDGMENT DATE : 22 May 2008

APPLICANT Philip Mackay LEGAL REPRESENTATIVES: RESPONDENT N/A

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

22 May 2008

20184 of 2008 Philip Mackay v Vince Grasso

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: The large rough-barked Angophora tree in the backyard of Mr Grasso's property overhangs both the street and Mr Mackay's property by about 5 m. A neighbour recalls the tree being about fence height 30 years ago. It is now about 18 m tall. The tree flowers prolifically and drops many small seed capsules. Mr Mackay is concerned that these capsules are slippery and dangerous for pedestrians on his property and the public footpath. The public footpath has been lifted by roots of the tree and replaced by the local Council recently. It has been replaced at least once previously according to Mr Mackay's neighbour. The tree also drops small branches, twigs and leaves.

2 Mr Mackay bought his property on the southern side of the tree in 1997 and carried out major renovations in 2003. The renovations include a new carport and work at the front of the house under the tree. His family now does not use the front room under the tree as a bedroom for fear of falling branches.