Turner v O'Donnell [2009] NSWLEC 1349

Land and Environment Court of New South Wales

CITATION : Turner v O'Donnell [2009] NSWLEC 1349

APPLICANT Ken Turner PARTIES : RESPONDENT John O'Donnell

FILE NUMBER(S) : 20488 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of tree; damage to property; injury to person(s).

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 9 October 2009

EX TEMPORE JUDGMENT DATE : 9 October 2009

APPLICANT Ken Turner (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT John O'Donnell (litigant in person)

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

9 October 2009

20488 of 2009 Ken Turner v John O'Donnell

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Ken Turner of 35 Gellatly Avenue Figtree against the owner of a eucalypt growing at 159 Jacaranda Avenue Figtree. The owner of that property is Mr John O'Donnell.

2 The applicant is seeking the removal of the tree as he contends that the tree has caused, and will continue to cause, damage to his property. He also claims that he was injured by the tree and that further injury may occur. Mr Turner is also seeking compensation for items he states have been damaged by the tree, specifically: $875 for a spa pool cover, $79.95 for a shirt and $4,598 for the replacement of the roof of the spa. He is also seeking compensation for the cost of the application fee.