Couto v Kiernicki [2008] NSWLEC 1513

Land and Environment Court of New South Wales

CITATION : Couto v Kiernicki [2008] NSWLEC 1513

APPLICANT Maria Paula Couto PARTIES : RESPONDENT Henry Kiernicki

FILE NUMBER(S) : 21144 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Compensation for repair of property damage, Orders for pruning of tree likely to cause damage or injury, Orders for removal of two trees likely to cause damage or injury

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007]NSWLEC 592 Nair v Edwards [2006] NSWSC 1310

DATES OF HEARING: 10/12/2008

EX TEMPORE JUDGMENT DATE : 10 December 2008

APPLICANT Maria Paula Couto, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Henry Kiernicki, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

10 December 2008

21144 of 2008 Couto v Kiernicki The extemporaneous decision was given on 10 December 2008. This written judgment includes relevant observations and background information.

JUDGMENT 1 ACTING COMMISSIONER: This application was made by Ms Couto, owner of 5 Emma Place, Ambarvale. The application concerns three trees situated in the backyard of 3 Emma Place, Ambarvale the adjoining property to the west owned by Mr Kiernicki. The trees are two small Blackbutt trees close to the common boundary beside Ms Couto's house, and a dead tree near the centre of the yard. 2 Mr Kiernicki has also made an application to the Court. That application, Number 08/21043 concerns trees situated on 5 Emma Place, Ambarvale. It was heard concurrently but is the subject of a separate Judgment.