Clarkson v Buda [2010] NSWLEC 1159

Land and Environment Court of New South Wales

CITATION : Clarkson v Buda [2010] NSWLEC 1159

APPLICANT Mr T Clarkson PARTIES : RESPONDENT Mr J Buda

FILE NUMBER(S) : 20095 of 2010

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Damage to property Injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 25/06/10

DATE OF JUDGMENT: 25 June 2010

EX TEMPORE JUDGMENT DATE : 25 June 2010

APPLICANT Mr T Clarkson [litigant in person] LEGAL REPRESENTATIVES:

RESPONDENT Mr J Buda [litigant in person]

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

25 June 2010

20095 of 2010 Clarkson v Buda

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Austral Avenue Westmead against the owner of tree growing on an adjoining property.

2 The applicant is seeking the removal of the tree as he contends that the tree has caused damage to his property and poses a risk of injury to people. He is also concerned about future damage to his property.

3 The damage said to be caused by the tree is the lifting and cracking of a driveway/pathway and cracking of a brick patio and steps at the front of the applicant's property by roots from the tree. The future damage is the potential for the roots to block the sewer and to damage the foundations. 4 The injury is the risk to elderly and less mobile occupants of the house of tripping on the cracked and lifted pavement/ driveway. The applicant contends that a member of his family who relies on a walking frame tripped on a section of the cracked pavement. The fall necessitated hospitalisation. 5 The applicant is seeking compensation of a sum of $500 for the replacement of the section of the driveway/ pathway said to have been damaged by the roots. 6 The tree is a mature Camphor Laurel growing in the front garden of the respondent's property. 7 By way of background, the respondent is in the process of lodging a development application for the demolition of an existing dwelling and the construction of a dual occupancy on his property. The DA includes the removal of the tree. However, this is an entirely separate matter to the Court's jurisdiction under the Trees Act.