Geljic v Boyce [2007] NSWLEC 475

Land and Environment Court of New South Wales

CITATION : Geljic v Boyce [2007] NSWLEC 475

APPLICANT Simo and Kleanki Geljic PARTIES : RESPONDENT Raymond Boyce

FILE NUMBER(S) : 20404 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- removal of hedge - need to replace dividing fence - damage

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26/07/06

EX TEMPORE JUDGMENT DATE : 26 July 2007

APPLICANT Mr J Geljic, agent LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

26 July 2007

20404 of 2007 Simo and Kleanki Geljic v Raymond Boyce

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Mr Simo and Ms Kleanki Geljic of 41 Park Road Bowral concerning shrubs located close to the common side boundary of 39 Park Road Bowral owned by Mr Raymond Boyce.

2 The extemporaneous decision was given on site on 27 July 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Mr and Mrs Geljic's application is to require the removal of the shrubs adjoining the common boundary as: o the shrubs have damaged the gutter of their house. o the shrubs prevent the erection of a new boundary fence adjoining their house, and o the shrubs are, or are likely to damage the existing boundary fence. 4 The application does not seek compensation.