Krivoshev v Mahadevan [2009] NSWLEC 1277

Land and Environment Court of New South Wales

CITATION : Krivoshev v Mahadevan [2009] NSWLEC 1277 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Paul and Elena Krivoshev PARTIES : RESPONDENT Lalitha and Muthiah Mahadevan

FILE NUMBER(S) : 20286 of 2009

CORAM: Murrell C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Damage, injury, compensation refused, breach of Tree Preservation Order, sewer, swimming pool, berry stains, remedial pruning, backyard trees and character of garden suburbs, trees overhanging boundary.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Barker v Kyriakides [2007] NSWLEC 292 CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Black v Johnson (No 2) [2007] NSWLEC 513

DATES OF HEARING: 28 July 2009

EX TEMPORE JUDGMENT DATE : 28 July 2009

APPLICANT Paul and Elena Krivoshev (litigants in person) LEGAL REPRESENTATIVES: RESPONDENT Lalitha and Muthiah Mahadevan (litigants in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C and Thyer AC

28 July 2009

20286 of 2009 Paul and Elena Krivoshev v Lalitha and Muthiah Mahadevan

JUDGMENT 1 COMMISSIONERS: Mr and Mrs Krivoshev are the owners of 19 Nichol Parade Strathfield. They make an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage, seeking compensation for property damage, and to prevent risk of injury to people from a Lilly Pilly tree (the tree) growing on adjoining land to the west. They seek orders for: o Immediate removal of the tree including stump and roots at the tree owners' expense; o Reimbursement for costs incurred so far – pool, sewer damage, arborist (to trim tree), and Council fees, totalling $3,186; o The tree owners to pay for and correct any damage the tree may cause by its removal.