Mulheron v Adams [2008] NSWLEC 1223

Land and Environment Court of New South Wales

CITATION : Mulheron v Adams [2008] NSWLEC 1223

APPLICANT Dennis Mulheron PARTIES : RESPONDENT Frank Adams

FILE NUMBER(S) : 20174 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of tree, property damage, risk of injury.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 22/05/2008

EX TEMPORE JUDGMENT DATE : 22 May 2008

APPLICANT Mr D. Mulheron, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms E. Adams, agent for Mr F. Adams, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

22 May 2008

20174 of 2008 Dennis Mulheron v Frank Adams

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: There is a large Forest Red Gum in Mr Adams' backyard. His sons recall having a tree house in it 50 years ago, and that it was a large tree then.

2 Mr Mulheron bought his home next to the tree about three years ago. He says the tree has not changed in that period. The tree has high branches that extend about 7 m over his property. He says that he expressed his concern to Mr Adams about two years ago that the tree was dangerous because of its size and location and asked that something be done about it. He did not point out any health or structural problems with the tree at that time or since. He sought mediation through the Community Justice Centre in January 2008 and was informed that Mr and Mrs Adams did not wish to mediate.