Day v Merrylees and anor [2009] NSWLEC 1110

Land and Environment Court of New South Wales

CITATION : Day v Merrylees and anor [2009] NSWLEC 1110

APPLICANT C Day PARTIES : RESPONDENTS C & G Merrylees

FILE NUMBER(S) : 21155 of 2008

CORAM: Moore SC - Thyer AC

TREES (NEIGHBOURS) :- KEY ISSUES: Development not taking account of presence of tree Contribution by applicant to cost of works to tree

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Black v Johnson (No 2) [2007] NSWLEC 513

DATES OF HEARING: 20 January and 19 March 2009

EX TEMPORE JUDGMENT DATE : 19 March 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS Mr W Merrylees, son

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC THYER AC

19 March 2009

21155 of 2008 C Day v C & G Merrylees

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: Mr Day has made an application pursuant to the Trees (Disputes Between Neighbours) Act 2006 seeking an order for the removal of a large Blackbutt tree located on the respondents' property. The tree is located some 1.5 m to 2 m from the boundary between the two properties at the rear of the house on the respondents' property. It is adjacent to the second of two dwellings located on Mr Day's property. The tree is approximately 25 m or so tall.