Xuereb v Ott [2007] NSWLEC 474

Land and Environment Court of New South Wales

CITATION : Xuereb v Ott [2007] NSWLEC 474

APPLICANT Joe and Dale Xuereb PARTIES : RESPONDENT Joachim Ott

FILE NUMBER(S) : 20367 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- removal of tree - damage - compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 23/07/07

EX TEMPORE JUDGMENT DATE : 23 July 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

23 July 2007

20367 of 2007 Joe and Dale Xuereb v Joachim Ott

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Joe and Dale Xuereb of 2 Leighton Street, Rooty Hill concerning three trees located close to the common rear boundary of Mr Joachim Ott of 1 Waratah Street, Rooty Hill.

2 The extemporaneous decision was given on site on 23 July 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Mr and Mrs Xuereb's application is to require the removal of the three trees as: o branches fall from the trees and have damaged a previous shed, a new shed and aviary located towards the rear of their property (and adjoining the Ott property), o branches fall from the trees and have landed on the clothes line. o the falling branches pose a serious safety risk for people in the rear yard of their property, o the shade from the trees prevents grass growing in the rear yard, 4 Compensation of $330 for roof repairs to the new shed and $66 for a surveyors report is sought.