Klopfer v Pierce [2009] NSWLEC 1333

Land and Environment Court of New South Wales

CITATION : Klopfer v Pierce [2009] NSWLEC 1333

APPLICANT Evelyn Klopfer PARTIES : RESPONDENT Thomas Pierce

FILE NUMBER(S) : 20453 of 2009

CORAM: Pearson C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Robson v Leischke (2008) 159 LGERA 280 CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 16 September 2009

DATE OF JUDGMENT: 13 October 2009

APPLICANT LEGAL REPRESENTATIVES: In person RESPONDENT No appearance

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pearson C and Thyer AC

13 October 2009

20453 of 2009 Evelyn Klopfer v Thomas Pierce

JUDGMENT 1 Commissioners: Two Lemon scented Gum trees (the trees) are growing in the backyard of 114 Riley Street, East Sydney (the property). The trunk of each tree is located about 4 metres from the common boundary with the adjoining lands to the south. Ms Klopfer is the owner of both 116 Riley Street, East Sydney and 19 Burnell Place, East Sydney, the adjoining lands to the south. She makes an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify or prevent property damage and to prevent risk of injury to people. She seeks orders regarding the western, larger tree: that the two branches overhanging 114 Riley Street, East Sydney be cut off, and the branch overhanging 19 Burnell Place, East Sydney be pruned, at the cost of the owner of the property.