Ducker v Martin [2008] NSWLEC 1265

Land and Environment Court of New South Wales

CITATION : Ducker v Martin [2008] NSWLEC 1265

APPLICANT Alfred Ducker PARTIES : RESPONDENT Margaret Martin

FILE NUMBER(S) : 20272 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of trees, property damage, possible injury to people,

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 18/06/2008

EX TEMPORE JUDGMENT DATE : 18 June 2008

APPLICANT Mr A. Ducker, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms E. Reynold, solicitor of Barwick Stevens Incorporating Kreutzer & Simpson Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

18 June 2008

20272 of 2008

Alfred Ducker v Margaret Martin

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr Ducker bought and moved into his property at 61 Pilot Street Urunga in 2001. The single storey brick veneer house is about 40 years old. The house is located about 1.0 metre from both the southern and eastern boundaries, with a concrete path between the house and a low brick retaining wall at those boundaries.

2 The adjoining property owned by Mrs Martin and other members of her family, 24 South Street Urunga, is on the southern, uphill side of Mr Ducker's property. There are three trees, a Jacaranda, Crepe Myrtle and Cocos Palm that Mr Ducker is concerned about in the backyard of Mrs Martin's property. These trees are each at least 2.0 m from the common boundary and were similar to their present size when Mr Ducker bought his property.