Gainsford v Reid [2008] NSWLEC 1514

Land and Environment Court of New South Wales

CITATION : Gainsford v Reid [2008] NSWLEC 1514

APPLICANT David Gainsford PARTIES : RESPONDENT Bettina Reid

FILE NUMBER(S) : 20950 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of two dead trees

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007]NSWLEC 592 Nair v Edwards [2006] NSWSC 1310

DATES OF HEARING: 09/12/08

EX TEMPORE JUDGMENT DATE : 9 December 2008

APPLICANT David Gainsford, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Bettina Reid, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

9 December 2008

20950 of 2008 David Gainsford v Bettina Reid The extemporaneous decision was given on 9 December 2008. This written judgment includes the findings given on-site, relevant observations and background information.

JUDGMENT 1 ACTING COMMISSIONER: Mr Gainsford is the owner of 52 Henry Kendall Avenue, Padstow Heights. He makes the application to prevent property damage from trees on the adjoining property at 50 Henry Kendall Avenue, Padstow Heights, which is owned by Ms Reid. Ms Reid's property is on the eastern uphill side of Mr Gainsford's property.

2 Mr Gainsford seeks orders for the eight conifer trees in Ms Reid's front yard on the western side of her driveway; that any trees within 3 m of his dwelling be removed to ground level, that any dead trees be removed to ground level, that all dead and diseased branches be removed, and that any remaining trees be appropriately trimmed.