Hansen v Hetherington [2009] NSWLEC 1178

Land and Environment Court of New South Wales

CITATION : Hansen v Hetherington [2009] NSWLEC 1178 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT John Hansen and Larissa Hansen PARTIES : RESPONDENT Georgina Hetherington

FILE NUMBER(S) : 20298 of 2009

CORAM: Tuor C - Thyer AC

TREES (NEIGHBOURS) :- Removal and pruning of trees KEY ISSUES: damage to property compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Gan v Anderson & anor [2008] NSWLEC 1257 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 2 June 2009

EX TEMPORE JUDGMENT DATE : 2 June 2009

APPLICANT Ms M-L Taylor (Solicitor) of Bartier Perry LEGAL REPRESENTATIVES:

RESPONDENT Mr M McMahon (Solicitor) of M E McMahon & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C & Thyer AC

2 June 2009

20298 of 2009

John and Larissa Hansen v Georgina Hetherington

JUDGMENT 1 COMMISSIONERS: There are 16 trees (the trees) on the southern side of 32 Kedumba Crescent, North Turramurra (the property) generally within a metre or two of the common boundary with the adjoining property to the south.

2 Ms Hetherington is the owner of the property. She is represented at the hearing by a solicitor, Mrs Taylor. Ms Hetherington has provided a bushfire assessment report by Mr Travers dated 28 May 2009, and an arboricultural report by Mr Castor dated May 2009. Mr Castor attended the hearing.