Rizk v Department of Housing [2009] NSWLEC 1155

Land and Environment Court of New South Wales

CITATION : Rizk v Department of Housing [2009] NSWLEC 1155

APPLICANT John Rizk PARTIES : RESPONDENT Department of Housing

FILE NUMBER(S) : 20053 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- to rectify and prevent property damage, to prevent injury to people, and for compensation.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Rizk v Department of Housing [2007] NSWLEC 297 CASES CITED: Murphy v Maggio [2008] NSWLEC 1132 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 13 May 2009

EX TEMPORE JUDGMENT DATE : 13 May 2009

APPLICANT Mr J Risk (litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT

Mr N Cureton (solicitor) SOLICITOR Legal Services Branch Department of Housing

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

13 May 2009

20053 of 2009

John Rizk v Department of Housing

JUDGMENT This judgment was reserved. 1 ACTING COMMISSIONER: A large Sydney Blue Gum (the tree) is growing in the front yard of 15 Kingsford Avenue, Eastwood (the property) which is owned by the New South Wales Department of Housing (Housing). It is located about 2 m from the common boundary of the adjoining property to the east.

2 Mr John Rizk is the owner of 17 Kingsford Avenue, Eastwood, the adjoining property to the east. His house is located to the south-east of the tree, the north-western corner of his house being about 6 m from the trunk of the tree. He advised that he and his wife have occupied their home for about four years.