Mayne v Trotter [2009] NSWLEC 1036

Land and Environment Court of New South Wales

CITATION : Mayne v Trotter [2009] NSWLEC 1036

APPLICANT June Mayne PARTIES : RESPONDENT William & Valerie Trotter

FILE NUMBER(S) : 21109 of 2008

CORAM: Murrell C - Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the Magnolia tree, compensation for costs,

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 05/02/2009

EX TEMPORE JUDGMENT DATE : 5 February 2009

APPLICANT June Mayne, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT William & Valerie Trotter, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C Fakes AC

5 February 2009

21109 of 2008 June Mayne v William & Valerie Trotter

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs June Mayne of 23 Nabiac Avenue Gymea concerning two trees growing at 25 Nabiac Avenue. This property is owned by Mr and Mrs Trotter.

2 The trees are a Magnolia sp. and a Corymbia maculata (Spotted Gum).

3 The applicant is seeking the removal of the Magnolia as she has evidence from Mr John Ford, a specialist in root identification, that roots found to be blocking her sewer are from a Magnolia. She is seeking the pruning of the Spotted Gum. Part of this tree overhangs her property, and, in particular, her clothesline. She is fearful that branches from this tree may fall and cause damage or injury. Mrs Mayne is also seeking compensation for the costs of the application.