Munday v Khoudair and Moussa [2009] NSWLEC 1031

Land and Environment Court of New South Wales

CITATION : Munday v Khoudair and Moussa [2009] NSWLEC 1031

APPLICANT Mr Craig Munday PARTIES : RESPONDENT Ms Jeanette Khoudair and Mr George Moussa

FILE NUMBER(S) : 21145 of 2008

CORAM: Taylor C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the three Silky Oak trees, compensation for damage caused to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 30/01/2009

EX TEMPORE JUDGMENT DATE : 31 January 2009

APPLICANT Mr C. Munday, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr Chris Rahib, solicitor of Oxford Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Taylor C, Thyer AC

30th January 2009

21145 of 2008 Munday, Craig, v Khoudair, J. and Moussa, G.

Background

1 Mr Munday, the owner of 32 Daniel Street, Granville, made an application under the Trees (Disputes Between Neighbours) Act 2006 on 14th November 2008. Mr Munday seeks orders for removal of the three Silky Oak trees growing on the property of Ms Khoudair and Mr Moussa at 75 Woodville Road, Granville and compensation for the repair of damage caused by the trees to his property.

2 The claim for compensation was supported by estimates for repair works to the paving, brickwork, steps, internal house wall plastering and piers to 32 Daniel Street.

3 At the on-site hearing on 30th January 2009 the applicant Mr Munday and his partner Ms Paola Alvarez were present. Mr Moussa attended on behalf of the respondents and was represented by Mr Chris Rahib of Oxford Legal, Harris Park.