Ruskin v Koopelian [2008] NSWLEC 1225

Land and Environment Court of New South Wales

CITATION : Ruskin v Koopelian [2008] NSWLEC 1225

APPLICANT Darrell Ruskin PARTIES : RESPONDENT Armen & Annisa Koopelian

FILE NUMBER(S) : 20186 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Damage to property, removal of tree, risk of injury, compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 23/05/2008

EX TEMPORE JUDGMENT DATE : 23 May 2008

APPLICANT Mr D. Ruskin, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr A. Koopelian, litigant in person Mrs A. Koopelian by telephone

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

23 May 2008

20186 of 2008 Darrell Ruskin v Armen & Annisa Koopelian

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006. These orders are not reproduced as part of this decision but a copy of the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 ACTING COMMISSIONER: The neighbouring homes of Mr Ruskin and the Koopelians in Rainforest Street, Wyoming are surrounded by tall forest. Mr Ruskin has a problem with four trees in the Koopelians' front yard including an Illawarra Flame Tree and a Turpentine tree.