NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ives v Carden [2009] NSWLEC 1096
APPLICANT Peter Ives PARTIES : RESPONDENT Carolyn Carden
FILE NUMBER(S) : 21340 of 2008
CORAM: Thyer AC
KEY ISSUES: TREES (NEIGHBOURS) :- Removal of trees, damage to property, compensation for damager
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 24/03/2009
EX TEMPORE JUDGMENT DATE : 24 March 2009
APPLICANT Peter Ives, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Carolyn Carden, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
24 March 2009
21340 of 2008
Peter Ives v Carolyn Carden
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr Ives is the owner of 22 Holliday Avenue, Berowra Heights. He makes an application under the Trees (Disputes Between Neighbours) Act 2006 for removal of one large Peppercorn tree, a Fiddlewood tree, three small Pittosporum trees, a small Lilly Pilly tree, and a small Illawarra Flame tree growing on the adjoining property to the south of his house. He claims these trees have damaged or are likely to damage his sewer pipes and house. He also seeks pruning or removal of native tree growth west of his house to reduce bushfire risk. He seeks compensation for damage to his sewer, and other costs.
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