Bengali v Hadchiti [2009] NSWLEC 1202

Land and Environment Court of New South Wales

CITATION : Bengali v Hadchiti [2009] NSWLEC 1202

APPLICANT Bengali, Banoo PARTIES : RESPONDENT Hadchiti, Simon

FILE NUMBER(S) : 20181 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- damage; paving

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

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

DATES OF HEARING: 27 May 2009

EX TEMPORE JUDGMENT DATE : 27 May 2009

APPLICANT Banoo Bengali (Litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT George Hadchiti (Solicitor) SOLICITOR Advance Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

27 May 2009

20181 of 2009

Banoo Bengali v Simon Hadchiti

JUDGMENT 1 ACTING COMMISSIONER: Ms Bengali (the applicant) is the owner of 6/83 Dutton Street, Yagoona (the land). She makes an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage by a Rubber tree (the tree) growing on adjoining land to the south.

2 She seeks orders that the owner of the tree remove it and stump grind the roots around it.

3 Mr Simon Hadchiti (the respondent) is the owner of 37 Glassop Street, Yagoona (the property) the adjoining land to the south. He is represented at the hearing by his brother, solicitor Mr George Hadchiti.

4 On the basis that the application has proceeded beyond the directions hearing to this on-site hearing, I am satisfied that: o The applicant is owner of the land in accordance with s 3(1) and s 7 of the Act; o The applicant has made reasonable effort to reach agreement with the respondent in accordance with s 10(1)(a) of the Act; o The applicant has given notice to the parties in accordance with s 8 of the Act; and o The property is "certain land" in accordance with s 4(1), and not land to which the Act does not apply (s 4(2)).