Gumieniuk v Levelle [2009] NSWLEC 1273

Land and Environment Court of New South Wales

CITATION : Gumieniuk v Levelle [2009] NSWLEC 1273

APPLICANT Zbigniew (John) Gumieniuk PARTIES : RESPONDENT David & Kerry Levelle

FILE NUMBER(S) : 20259 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of tree, damage to property, injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 14 August 2009

EX TEMPORE JUDGMENT DATE : 14 August 2009

APPLICANT Zbigniew (John) Gumieniuk (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT David & Kerry Levelle (litigants in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 14 August 2009

20259 of 2009 Zbigniew (John) Gumieniuk v David & Kerry Levelle

JUDGMENT

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

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Gumieniuk, the owner of a property at 25 Stephanie Street Padstow, against the owner of a tree growing at 10 Jeanette Street Padstow. That property is owned by Mr and Mrs Levelle. The applicant's property is currently tenanted by Ms Narelle Smith who raised concerns about the tree with Mr Gumieniuk.

2 The applicant is seeking the removal of the tree as he contends that the tree could cause damage to his property or injury to persons should it fail or should branches fall from the tree. He is also concerned about possible root damage to the concrete slab of the garage that is immediately adjacent to the tree.