Nolan v Psaltis [2007] NSWLEC 764

Land and Environment Court of New South Wales

CITATION : Nolan v Psaltis [2007] NSWLEC 764

APPLICANT Noela Nolan PARTIES : RESPONDENT Robyn Psaltis

FILE NUMBER(S) : 20752 of 2007

CORAM: Murrell C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal of the tree, potential hazards, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 24/10/2007

EX TEMPORE JUDGMENT DATE : 24 October 2007

APPLICANT Noela Nolan, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Robyn Psaltis, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C and Fakes AC

Date: 24 October 2007

20752 of 2007 Noela Nolan v Robyn Psaltis

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning a Lilli Pilli Tree located at 47 Denman Avenue, Woolooware. This property is owned by Mrs Psaltis. The application is made by Mrs Nolan of Unit 11, No 58 Flinders Road, Woolooware. 2 Mrs Nolan is concerned that the roots of the tree are heading towards the bathroom and the toilet of her unit. She has been living there for 3 ½ years. The pavers of the rear of the property have partly lifted in places and these are potential trip hazards, especially in the circumstances of the applicant's reduced mobility. She is also concerned that the fence is leaning and may need some repair. Mrs Nolan also expressed concern about debris falling blocking gutters and collecting on the roof. To that end she is seeking removal of the tree.