Fletcher v Debney [2008] NSWLEC 1096

Land and Environment Court of New South Wales

CITATION : Fletcher v Debney [2008] NSWLEC 1096

APPLICANT Annabella Fletcher PARTIES : RESPONDENT Betty Phyllis Debney

FILE NUMBER(S) : 20091 of 2008

CORAM: Hussey C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- Damage from Cyrpress Pines and Jacaranda

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28/02/2008

EX TEMPORE JUDGMENT DATE : 28 February 2008

APPLICANT Ms M. Carpenter, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P. McKewen, solicitor of Pryor Tzannes & Wallis

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

28 February 2008

20091 of 2008 Annabella Fletcher v Betty Phyllis Debney This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT Background. 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning: i) 6 Leighton green cypress pines, and ii) 1 Jacaranda, which are situated on 19 Raglan Street, Mosman.

2 The application has been made by Ms A Fletcher from 21 Raglan Street, Mosman.

3 The applicant seeks orders from the Court for: a) The removal of 6 Leighton green cypresses. b) Compensation of $200 towards repair of tiles caused by the Jacaranda.

4 The relevant provisions of s 10 (2) of the Act require the Court to be satisfied that one or more of the following four conditions are met, with respect to each tree subject of an application, before the Court has jurisdiction to consider the application concerning that tree.