Aubrey v Garside [2009] NSWLEC 1198

Land and Environment Court of New South Wales

CITATION : Aubrey v Garside [2009] NSWLEC 1198

APPLICANT Aubrey, Elizabeth & Anor PARTIES : RESPONDENT Garside, Charles

FILE NUMBER(S) : 20157 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- injury; damage; bushfire

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Yang v Scerri [2007] NSWLEC 592 CASES CITED: Buckingham v Ryder [2007] NSWLEC 458 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 20 May 2009

EX TEMPORE JUDGMENT DATE : 20 May 2009

APPLICANT Mr T Taouk (Solicitor) SOLICITOR Giles Payne & Co. Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr P Jessup (Solicitor) SOLICITOR Jessup and Storm

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

20 May 2009

20157 of 2009

William and Elizabeth Aubrey v Charles Garside

JUDGMENT 1 ACTING COMMISSIONER: Nine trees and an assortment of shrubs (the trees) grow on the western side of 212 Caringbah Road, Caringbah (the property) near the common boundary with the adjoining property to the west. The property is owned by Mr Garside. The trees are located from near the front, northern boundary to about 40 m south. All but the most southern tree are growing below a rock ledge on the property, in an area that has the appearance of a bush garden with remnant native trees, planted rainforest and damp area trees, and various luxuriant and hardy exotic shrubs. This area is not easily accessed from the upper part of the property where Mr Garside's house is located. The trees and some of the shrubs overhang the adjoining property to the west.