Gallagher v Aslett [2009] NSWLEC 1038

Land and Environment Court of New South Wales

CITATION : Gallagher v Aslett [2009] NSWLEC 1038

APPLICANT C Gallagher PARTIES : RESPONDENT G Aslett

FILE NUMBER(S) : 21065 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Ivy infestation of tree

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Barker v Kyriakides [2007] NSWLEC 292 CASES CITED: Robson v Leischke (2008) 159 LGERA 280; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Black v Johnson (No 2) [2007] NSWLEC 513

DATES OF HEARING: 20 January 2009

EX TEMPORE JUDGMENT DATE : 20 January 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

20 January 2009

21065 of 2008 C Gallagher v G Aslett

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this application is the making of orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 .

1 COMMISSIONERS: At the rear of 18 Anglers Drive, Bateau Bay, a coral tree is growing which is some 14 m in height. Mr Gallagher, the owner of 16 Anglers Drive, has applied to the Court for an order for either removal of the tree or pruning of the tree on ongoing basis. The coral tree is growing over the boundary between the properties and some of the branches are lightly touching the roof of Mr Gallagher's house.