Konn v Wisbey & Ors [2007] NSWLEC 799

Land and Environment Court of New South Wales

CITATION : Konn v Wisbey & Ors [2007] NSWLEC 799 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT M Konn

PARTIES : RESPONDENTS P & L Wisbey

INTERVENOR Penrith City Council

FILE NUMBER(S) : 20890 of 2007

CORAM: Moore C - Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 5 December 2007

EX TEMPORE JUDGMENT DATE : 5 December 2007

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENTS In person

INTERVENOR Mr E Rowse

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

5 December 2007

07/20890 M Konn v P & L Wisbey

JUDGMENT

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

1 COMMISSIONERS: This is an application made by Ms Konn of 19 Gungurru Street, Orchard Hills concerning a Jacaranda (Jacaranda mimosafolia) (the tree) located in the front setback of the property at 21 Gungurru Street. Mr and Ms Wisbey own the property upon which the tree is located.

2 Pursuant to s 7 of the Trees Disputes Between Neighbours Act 2006 (the Act), Ms Konn seeks an order that the Wisbeys, at their expense, prune the tree to the boundary. The application also seeks compensation for: o the cost of installation of a gutter guard installed on the applicant's property o costs of the application to the Court; and o damages for personal stress 3 With respect to the final element of the compensation claim, during the course of the discussion on site, we indicated that the jurisdiction of the Court to make orders does not encompass orders for damage to people but merely encompasses orders for damage to property. The Court therefore is not able to consider this element of the applicant's claim.