Prasad v Strata Plan 47610 [2008] NSWLEC 1180

Land and Environment Court of New South Wales

CITATION : Prasad v Strata Plan 47610 [2008] NSWLEC 1180

APPLICANT Shui Prasad PARTIES : RESPONDENT Strata Plan 47610

FILE NUMBER(S) : 20113 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Damage to property, removal of tree, personal injury or death to persons.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 30/04/2008

EX TEMPORE JUDGMENT DATE : 30 April 2008

APPLICANT Shui Prasad, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr G. Christmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

30 April 2008

20113 of 2008

Shui Prasad v Strata Plan 47610

JUDGMENT The decision was given at the hearing on 30 April 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: Mr Prasad built his block of home units in Petersham about 10 years ago. The two-storey units appear from the street to be neat and well-kept.

2 A Eucalyptus tree in the front yard of the adjoining units was about 2 m tall when Mr Prasad built his units. The tree is now about 15 m tall with branches overhanging the driveway of Mr Prasad's units. The tree appears to be the cause of the lift, lean and cracking of the front fence of Strata Plan 47610 that owns the tree.

3 Mr Prasad is concerned that the tree will damage the adjacent brick pier of his front fence. That pier is the gate post of his driveway and supports the mechanism for the automatic gate. He is also concerned that the tree or its branches may fall in high winds causing damage to property and personal injury or death.