Watson v Herbert [2009] NSWLEC 1357

Land and Environment Court of New South Wales

CITATION : Watson v Herbert [2009] NSWLEC 1357

APPLICANT Andrew & Barbara Watson PARTIES : RESPONDENT Colin & Freda Herbert

FILE NUMBER(S) : 20507 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- removal of three trees and the pruning of two others, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006 Electricity Supply Act 2005

Yang v Scerri [2007] NSWLEC 592 CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152

DATES OF HEARING: 14 October 2009

EX TEMPORE JUDGMENT DATE : 14 October 2009

APPLICANT Andrew & Barbara Watson (litigants in person) LEGAL REPRESENTATIVES:

RESPONDENT Colin & Freda Herbert (litigants in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C 14 October 2009

20507 of 2009 Andrew & Barbara Watson v Colin & Freda Herbert

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 made by Andrew and Barbara Watson of 73 Greendale Road Wallacia against the owners of trees growing along a driveway adjacent to their northern boundary. Colin and Freda Herbert of 71 Greendale Road own the driveway. The respondents' house is on a 'battle axe' block to the rear of the applicants' property. Mr Herbert was assisted at the on site hearing by his daughter Ms Robyn Herbert. Mr Evan Rowse, Tree Management Officer, represented Penrith City Council.