NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Abdishou v Khoury [2010] NSWLEC 1268
APPLICANT Mr Y Abdishou PARTIES : RESPONDENTS Mr T Khoury Mrs D Khoury
FILE NUMBER(S) : 20572 of 2010
CORAM: Fakes C - Hewett AC
KEY ISSUES: TREES (NEIGHBOURS) :- damage to property, dropping of leaves
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Robson v Leischke [2008] NSWLEC 152 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 30/09/2010
DATE OF JUDGMENT: 30 September 2010
EX TEMPORE JUDGMENT DATE : 30 September 2010
APPLICANT Mr Y Abdishou [litigant in person] LEGAL REPRESENTATIVES:
RESPONDENTS Mr and Mrs Khoury [litigants in person]
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C Hewett AC
30 September 2010
20572 of 2010 Abdishou v Khoury
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 (the Act) made by the owner of a property in Edensor Park against the owners of trees growing on an adjoining property. 2 The applicant is seeking the Court to order the regular pruning back to the fence line or beyond of two trees that overhang his property. The trees are a Schinus areira (Pepper Tree) and a Eucalyptus moluccana (Grey Box). 3 The applicant is seeking these orders as he contends that: * leaves and other material falling from the trees create a mess on a newly installed concrete apron abutting the western boundary of the applicant's property, * as a result of the leaf drop, particularly from the Pepper Tree, the concreter was unable to completely seal part of the slab, * there may be potential damage from the roots of these trees to a drain, * leaves of the Grey Gum block the gutters necessitating regular clearing, and * whilst not raised in the application, parts of the trees may fall onto the applicant's property and cause injury to someone.
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