Jantti v Cormie [2008] NSWLEC 1290

Land and Environment Court of New South Wales

CITATION : Jantti v Cormie [2008] NSWLEC 1290

APPLICANTS Eila & Toivo Jantti PARTIES : RESPONDENT Lola Cormie

FILE NUMBER(S) : 20265 of 2008

CORAM: Moore C - Fakes AC

KEY ISSUES: Jurisdiction - Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Robson v Leischke (2008) NSWLEC 152 CASES CITED: Yang v Scerri [2007] NSWLEC 592 Tuft v Piddington [2008] NSWLEC 1249 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 1 July 2008

EX TEMPORE JUDGMENT DATE : 1 July 2008

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

1 July 2008

08/20265 Eila & Toivo Jantti v Lola Cormie

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. Citations have been inserted. 1 COMMISSIONERS: On the downhill side of 231 Veron Road at Umina Beach, a large Lilli Pilly tree is growing adjacent to the property's brick retaining wall (and in the vicinity of an angle of the wall). The Janttis are the owners of the uphill property. Ms Cormie is the owner of the property upon which the tree is growing.

2 The Lilli Pilly tree is some 12 to 15 m in height with a canopy spread of some 6 to 8 m. In addition, on the property where the Lilli Pilly tree has been growing for many years, Ms Cormie has also planted three new trees (with a maximum height of about 1.2 m and maximum trunk diameter of about 2.5 cm) along the line of a rock shelf which runs, in broad terms, parallel to the brick retaining wall.