Hardy v George [2007] NSWLEC 534

Land and Environment Court of New South Wales

CITATION : Hardy v George [2007] NSWLEC 534

APPLICANTS Marie & Anne Hardy PARTIES : RESPONDENTS Tony & Rose George

FILE NUMBER(S) : 20554 of 2007

CORAM: Moore C - Murrell C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 22 August 2007

EX TEMPORE JUDGMENT DATE : 22 August 2007

APPLICANTS Mr A Tudehope, solicitor LEGAL REPRESENTATIVES: RESPONDENTS First respondent in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C MURRELL C THYER AC

22 August 2007

07/20554 Marie & Anne Hardy v Tony & Rose George

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 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 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2007 (the Act) made by Ms Marie and Ms Anne Hardy of 69 Homebush Road, Strathfield concerning a Lemon Scented Gum (Cymbria citriodora) (the tree) located on the adjacent property to the north which is 74 Redmyre Road. This property is owned by Mr and Mrs George. 2 The application is in two parts. The first part seeks the removal of tree in its entirety and in the second part is a claim for compensation for damage to a driveway crossing gate located adjacent to the Hardys' main house entrance. 3 It is convenient to deal with the quotation and damage claim in the first instance. The existing gates are in four panels - two of which are fixed (upon the sides) and two in the centre which open. They are lightweight aluminium structures and there is some limited evidence of damage and re-attachment spear points of the gate tops.