Hacene v Sneddon [2007] NSWLEC 615

Land and Environment Court of New South Wales

CITATION : Hacene v Sneddon [2007] NSWLEC 615

APPLICANT Christel and Youcef Hacene PARTIES : RESPONDENT Sue and Bruce Sneddon

FILE NUMBER(S) : 20637 of 2007

CORAM: Hoffman C

KEY ISSUES: Trees (Neighbours) :- Removal of a tree, damage to property, safety to persons, bifurcated trunk, cost of removal

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17/09/2007

EX TEMPORE JUDGMENT DATE : 17 September 2007

APPLICANT Mr and Mrs Hacene, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mr and Mrs Sneddon, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

17 September 2007

20637 of 2007 Christel and Youcef Hacene v Sue and Bruce Sneddon

JUDGMENT 1 This is Appeal No. 20637 of 2007 between Christel Hacene and Anor v Bruce Sneddon and Anor in regard to a tree in a front yard of No. 28 Valley View Crescent, Glendale. 2 An on-site hearing was held on 17 September 2007. Present at the hearing was Mr and Mrs Hacene, Applicants, self represented and Mr and Mrs Sneddon, Respondents, self represented.

3 In the appeal Mr Hacene said that although there had been significant damage to his house, in his opinion and those of his witnesses, from the subject tree and other trees. He was not seeking any compensation for damages as apparently those costs were being covered by insurance. 4 During the storms in June/July of 2007 very large trees on No. 28 Valley View Crescent, had fallen and impacted upon buildings on both No. 30 Valley View Crescent, the Hacene's, and upon No. 26 Valley View Crescent owned by the Collins.