Cheong v Ren [2009] NSWLEC 1381

Land and Environment Court of New South Wales

CITATION : Cheong v Ren [2009] NSWLEC 1381

APPLICANT Glen and Janet Cheong PARTIES : RESPONDENT Gary Ren

FILE NUMBER(S) : 20528 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of overhanging branches from four trees

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 16 November 2009

EX TEMPORE JUDGMENT DATE : 16 November 2009

APPLICANT Glen and Janet Cheong (litigants in person) LEGAL REPRESENTATIVES:

RESPONDENT Gary Ren (litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

16 November 2009

20528 of 2009 Glen and Janet Cheong v Gary Ren

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 s7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Cheong the owners of a property at 5 Pindari Avenue St Ives against the owner of trees growing at 7 Pindari Avenue. The owner of that property is Mr Gary Ren. The applicants' property is currently tenanted by Mr Ivan Kessel and family.

2 The applicants are seeking the removal of overhanging branches from four trees growing along the northern side boundary of the respondent's property. They are concerned that branches falling from these trees may cause damage to property or injury to persons.