Vella v The Owners of Strata Plan 8670 [2007] NSWLEC 365

Land and Environment Court of New South Wales

CITATION : Vella v The Owners of Strata Plan 8670 [2007] NSWLEC 365

APPLICANT Tony Vella PARTIES : RESPONDENTS The Owners of Strata Plan 8670

FILE NUMBER(S) : 20178 of 2007

CORAM: Moore C - Brown C - Fakes AC

Trees (Neighbours) - Neighbour Application :- KEY ISSUES: Removal refused Compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28 May 2007

EX TEMPORE JUDGMENT DATE : 28 May 2007

APPLICANT Mr W Purdon, solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr J Mueller, solicitor J S Mueller & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C BROWN C FAKES AC

28 May 2007

07/20178 Tony Vella v The Owners of Strata Plan 8670

JUDGMENT 1 COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The application is made by Mr Tony Vella who is the owner of a block of units at 4 Caronia Avenue, Cronulla. The application concerns five Paper Bark trees and an Ironbark tree located on the adjacent property, which is a block of units known as 6 Caronia Avenue, Cronulla.

2 We have been provided with a survey which shows that each of those six trees is located in a fashion where more than 50% of the trunk at the base of each of those trees is located on 6 Caronia Avenue. We are, therefore, satisfied that there is jurisdiction under the Act to deal with the trees.