Morris v Brown [2010] NSWLEC 1067

Land and Environment Court of New South Wales

CITATION : Morris v Brown [2010] NSWLEC 1067

APPLICANT L. Morris PARTIES : RESPONDENT D. Brown

FILE NUMBER(S) : 20009 of 2010

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Future damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 25/03/10

DATE OF JUDGMENT: 25 March 2010

EX TEMPORE JUDGMENT DATE : 25 March 2010

LEGAL REPRESENTATIVES: L. Morris (litigant in person) D. Brown (Litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

25 March 2010

20009 of 2010 Morris v Brown

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Morris of 54 Elsiemer Street Long Jetty, against the owner of a tree growing at 43 Pacific Street Long Jetty. The owner of that property is Mr Brown.

2 Mr Morris is seeking the removal of the tree as he contends that could cause damage to his property, especially damage to his sewer pipes and to the foundations of his house.

3 Mr Morris' concerns appear to arise from the unearthing of roots from the tree during various works carried out in his garden. These works include the levelling and excavation of a small area at the rear of his house for the laying of a small concrete slab on which a water tank was to be located. Similarly, roots were uncovered in a garden area at the back of the house and two roots of about 30mm in diameter were found near the floor slab of the house. Where these roots were severed, Mr Morris later found suckers or seedlings from the tree.