Gilshenan v Hogbin & anor [2009] NSWLEC 1020

Land and Environment Court of New South Wales

CITATION : Gilshenan v Hogbin & anor [2009] NSWLEC 1020

APPILCANT L Gilshenan PARTIES : RESPONDENTS S Hogbin & M Scanes

FILE NUMBER(S) : 20904 of 2008

CORAM: Moore C - Thyer AC

TREES (NEIGHBOURS) :- KEY ISSUES: Sewer blockage Identification of tree roots Leaves in gutters

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke (2008) 159 LGERA 280; [2008] NSWLEC 152 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 21 January 2009

EX TEMPORE JUDGMENT DATE : 21 January 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

21 January 2009

20904 of 2008 L Gilshenan v S Hogbin & M Scanes

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: This is an application made by Mr Gilshenan who is an owner and a resident of 40 Fleet Street, New Lambton, concerning three trees which are located on the adjacent property which is 44 Fleet Street. We note that there is no property numbered 42 Fleet Street.

2 These three trees (located on the adjacent property and toward the rear boundary adjacent to Mr Gilshenan's property) are a substantial Callistemon 4 to 5 m tall and 2 Verbenas that are some 2.5 m or so tall. Although there was some difference of opinion concerning the identification of the two Verbenas, we are satisfied that this is not a matter of relevance in our determination.