Holmes v Walburn & anor [2010] NSWLEC 1090

Land and Environment Court of New South Wales

CITATION : Holmes v Walburn & anor [2010] NSWLEC 1090

APPLICANTS P & R Holmes PARTIES : RESPONDENTS A Walburn & J Wilkes

FILE NUMBER(S) : 20071 of 2010

CORAM: Moore SC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 20 April 2010

EX TEMPORE JUDGMENT DATE : 20 April 2010

APPLICANTS Second applicant in person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

20 April 2010

10/20071 Holmes v Walburn & anor

JUDGMENT

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

1 SENIOR COMMISSIONER: Mr and Mrs Holmes made an application to the Court pursuant to the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a number of trees of varying types of the located on the property immediately to the west and close to the boundary between their property and the property immediately to the west.

2 The trees on the property immediately to the west range in height from some 3 m at the street boundary through to a substantial Casuarina in excess of 8 m tall toward the rear along the boundary of the two properties. I have had the opportunity of inspecting the trees from the Holmes' side of the fence and, to the extent necessary, inspecting the Casuarina and the rearmost tree (a small Ti-tree) from the tree owners' side of the fence.