Grigoris v Catholic Education Department [2009] NSWLEC 1293

Land and Environment Court of New South Wales

CITATION : Grigoris v Catholic Education Department [2009] NSWLEC 1293

APPLICANT Emmanuel Grigoris PARTIES : RESPONDENT Catholic Education Department

FILE NUMBER(S) : 20356 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of a mature Eucalyptus tereticorns (Forest Red Gum) and pruning of overhanging branches of a Cupressus sempervirens (Italian Cypress) and a Callitris sp. (Native Cypress Pine), seeking compensation for damage to property.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 28 August 2009

EX TEMPORE JUDGMENT DATE : 28 August 2009

APPLICANT Mr E Grigoris (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT Catholic Education Department

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 28 August 2009

20356 of 2009 Emmanuel Grigoris v Catholic Education Department

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 Mr Emmanuel Grigoris the owner of a property at 99 Flagstaff Road Warrawong against the owner of trees growing on Lot 15 Flagstaff Road. That property is St Francis of Assisi Primary School which is owned and managed by the Catholic Education Office of the Diocese of Wollongong. Mr Paul Longobardi, the Principal of the school, and Mr Stephen Corbishley, Professional Officer from the Diocese of Wollongong, represented the respondent.. 2 The applicant is seeking the removal of a mature Eucalyptus tereticornis (Forest Red Gum), growing in the south west corner of the school, as he contends that the roots and the base of the tree have caused damage to a colourbond fence, the cracking of concrete formwork beneath the fence, and the cracking of a brick wall. He is also concerned about the impact of falling dead wood and ongoing root growth on a carpark proposed to be constructed at the rear of his property and adjacent to the tree.