Hurditch v Staines [2008] NSWLEC 1351

Land and Environment Court of New South Wales

CITATION : Hurditch v Staines [2008] NSWLEC 1351

APPLICANT Ray and Rhonda Hurditch PARTIES : RESPONDENT Allen and Loretta Staines

FILE NUMBER(S) : 20660 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal or pruning of trees, injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Tuft v Piddington [2008] NSWLEC 1249 in [11]

DATES OF HEARING: 22/08/2008

EX TEMPORE JUDGMENT DATE : 22 August 2008

APPLICANT Mr and Mrs Hurditch, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mr and Mrs Staines, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

22 August 2008

20660 of 2008 Ray and Rhonda Hurditch v Allen and Loretta Staines

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Hurditch of 36 Rosemont Avenue Kelso concerning trees located on a property owned by Mr and Mrs Staines of 16 Wolery Place Kelso.

2 The trees are two Wattles (a Cootamundra Wattle and a Red-stemmed Wattle) and a Casuarina. They are located in the north-western corner of the respondents' back yard in close proximity to the boundary fence with the applicants. Due to the elevated nature of the respondents' property with respect to that of the applicants', the trees appear taller from the applicants' property.