McLeod & anor v Bruce [2010] NSWLEC 1322

Land and Environment Court of New South Wales

CITATION : McLeod & anor v Bruce [2010] NSWLEC 1322

APPLICANTS Mrs C McLeod Mrs L Kemp PARTIES : RESPONDENTS Mr D Bruce Mrs H Bruce

FILE NUMBER(S) : 20555 of 2010

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- damage to property, injury to persons, application dismissed

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 18/11/2010

DATE OF JUDGMENT: 18 November 2010

EX TEMPORE JUDGMENT DATE : 18 November 2010

APPLICANT Mr G Stewart [agent] LEGAL REPRESENTATIVES:

RESPONDENT Mrs L Kemp [litigant in person]

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

18 November 2010

20555 of 2010 McLeod & anor v Bruce

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 Part 2 s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Nambucca Heads against the owners of a tree growing on an adjoining property. 2 The applicants are seeking the removal of the tree as they contend that it has caused damage to the timber dividing fence, that roots are growing under a pathway and may cause damage to the path or the house and that leaves fill the guttering. The applicants contend that fallen leaves on a concrete path make the path slippery and that cleaning the gutters on a two-storey house is dangerous. Therefore the applicants submit that the tree also poses a risk of injury to people.