Hinde v Anderson [2007] NSWLEC 847

Land and Environment Court of New South Wales

CITATION : Hinde v Anderson [2007] NSWLEC 847

APPLICANT Judith Hinde PARTIES : RESPONDENT Sidney and Lynn Anderson

FILE NUMBER(S) : 21014 of 2007

CORAM: Tuor C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- tree overhanging adjoining property, damage to property.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 18/12/2007

EX TEMPORE JUDGMENT DATE : 18 December 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr P Murray, Solicitor

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

Tuor C

18 December 2007

21014 of 2007 Judith Hinde v Sidney & Lynn Anderson

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Judith Hinde of 20 Burran Avenue, Mosman, concerning a Chinese Elm (Ulmus parvifolia) located on a property owned by Mr and Mrs Anderson at 22 Burran Avenue, Mosman.

2 In attendance for the applicant were Mr Richard Smythe, town planner, and Mr Stuart Pittendrigh, arborist. The respondent was represented by Mr Peter Murray, Solicitor. Mr Jeremy Crawford and Mr Bruce Macleod, both arborists, gave evidence to the Court for the respondent.

3 The tree was viewed from both properties and from the street. From the applicant's property, the tree was viewed from several locations both inside and outside. 4 The applicant is concerned that during strong wind events branches have broken from the tree and have caused damage to roof tiles resulting in internal leaks. The applicant is concerned that this will continue to happen.