Fairfull v Nichols [2009] NSWLEC 1247

Land and Environment Court of New South Wales

CITATION : Fairfull v Nichols [2009] NSWLEC 1247

APPLICANT Fairfull, James Thomas PARTIES : RESPONDENT Nichols, Darren and Anor

FILE NUMBER(S) : 20313 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of tree; damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 14 July 2009

EX TEMPORE JUDGMENT DATE : 14 July 2009

APPLICANT J Fairfull (Litigant in Person) LEGAL REPRESENTATIVES: RESPONDENT D Nichols (Litigant in Person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 14 July 2009

20313 of 2009 James Fairfull v Darren and Donna Nichols

JUDGMENT

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

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by James Fairfull of 36 Jones Avenue Warners Bay against a tree located on a property owned by Darren and Donna Nichols at 38 Jones Avenue.

2 Lake Macquarie City Council was represented at the on site hearing by Mr Twevetch Khemananta , Tree Assessment Officer.

3 The applicant is seeking the removal of the tree, a mature Brachchiton acerifolius (Illawarra Flame Tree) as he contends that it has caused damage to his concrete driveway. He is also seeking compensation of a sum of $5,500.00 that being a quote for the removal and replacement of the driveway as well as costs incurred in the making of this application. With respect to the last item, Commissioners do not have jurisdiction to award costs.