St Ingunger Pty Ltd v Falkner [2009] NSWLEC 1118

Land and Environment Court of New South Wales

CITATION : St Ingunger Pty Ltd v Falkner [2009] NSWLEC 1118

APPLICANT St Ingunger Pty Ltd PARTIES : RESPONDENT Adam and Carolyn Falkner

FILE NUMBER(S) : 20056 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the tree as causing damage to property, seeking compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Gan v Anderson & anor [2008] NSWLEC 1257

DATES OF HEARING: 17/04/2009

EX TEMPORE JUDGMENT DATE : 17 April 2009

APPLICANT St Ingunger Pty Ltd, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Adam and Carolyn Falkner, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 17 April 2009

20056 of 2009 St Ingunger Pty Ltd v Adam and Carolyn Falkner

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 St Ingunger Pty Ltd the owners of 14 Reynolds Street Cremorne against the owners of a Camphor Laurel located in the rear garden of 16 Reynolds Street. Adam and Carolyn Faulkner own that property. Mr Warwick Lewarne represented the applicants.

2 The applicants are seeking the removal of the tree as they contend that it is the cause of on-going blockages to their sewer. They are also seeking compensation of a sum of $704.00 for the most recent clearing of the sewer pipe in May 2008 and a subsequent inspection of the sewer line by CCTV.