Owners Corporation SP 35807 v Coolican & Ors [2009] NSWLEC 1339

Land and Environment Court of New South Wales

CITATION : Owners Corporation SP 35807 v Coolican & Ors [2009] NSWLEC 1339

APPLICANT Owners Corporation SP 35807

PARTIES : RESPONDENT Barrie James Coolican Julie Ann Tervardy Cyril Tervardy Francis Sylvia Tervardy

FILE NUMBER(S) : 20452 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Maintenace of jointly owned tree; damage; compensation; dividing fence; pruning.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Dallas v Watson [2009] NSWLEC 1056

DATES OF HEARING: 15 September 2009

DATE OF JUDGMENT: 15 October 2009

APPLICANT Dr Ian C Elder (agent) LEGAL REPRESENTATIVES:

RESPONDENT Mr A Pickles (barrister)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 October 2009

20452 of 2009

Owners Corporation SP 35807 v B J Coolican

JUDGMENT 1 Acting Commissioner: A large, old Camphor laurel tree (the tree) is growing at the back fence of 3 Ormond Street, Ashfield (the property). The trunk of the tree is about two-thirds on the property and one-third on the adjoining land to the south. The four owners of the property are represented at the hearing by Julie Tervady and the barrister Mr Pickles who spoke as one, and I refer to them as Coolican.

2 Coolican purchased the property 6 years ago. The tree is an attractive feature in their backyard, and screens them from the unit block on the land to their south, and also from the unit block on the land to their south-east.