Immarrata v Mourikis [2007] NSWLEC 601

Land and Environment Court of New South Wales

CITATION : Immarrata v Mourikis [2007] NSWLEC 601

APPLICANT Carmina Immarrata PARTIES : RESPONDENT Evelyn Mourikis

FILE NUMBER(S) : 20658 of 2007

CORAM: Bly C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- removal of a row of Lilly Pilly trees,

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 12/09/2007

EX TEMPORE JUDGMENT DATE : 12 September 2007

APPLICANT Ms C. Immarrata, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Ms E. Mourikis, litigant in person

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Fakes AC

12 September 2007

20658 of 2007 Carmina Immarrata v Evelyn Mourikis

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. 1 COMMISSIONERS: This is an application pursuant to s7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mrs C Immarrata of 40 MacDonald Crescent, Bexley North for the removal of a row of Lilly Pilly trees (the actual species is unknown) in the adjoining property at 38 MacDonald Crescent. That adjoining property is owned by Ms E Mourikis and Mr J Warner

2 We are satisfied that the parties have, pursuant to s 10 of the Act, made reasonable efforts to resolve this matter.

3 In dealing with the concerns of Mrs Immarrata we have taken into account her evidence that, these trees when flowering, are likely to attract significant swarms of bees and that she is allergic to bee stings. She is also concerned that the trees are likely to keep growing and become excessively large with root systems that could damage her home.