Hampson v Atherton [2009] NSWLEC 1251

Land and Environment Court of New South Wales

CITATION : Hampson v Atherton [2009] NSWLEC 1251

APPLICANT Hampson, Steven & Anor PARTIES : RESPONDENT Atherton, Mark & Anor

FILE NUMBER(S) : 20315 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of tree; damage to property; risk of injury to persons.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 13 July 2009

EX TEMPORE JUDGMENT DATE : 13 July 2009

APPLICANT Mr S Hampson (Litigant in Person) LEGAL REPRESENTATIVES: RESPONDENT Mr M Atherton (Litigant in Person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 13 July 2009

20315 of 2009 Steven and Caryn Hampson v Mark and Anne Atherton

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 Steven and Caryn Hampton of 19 Ashdown Drive Port Macquarie against a tree located on a property owned by Mark and Anne Atherton at 13 Ashdown Drive. The Atherton's property is presently tenanted.

2 Port Macquarie-Hastings Council was represented at the on site hearing by Mr Lindsay Field, Tree Management Officer.

3 The applicants are seeking the removal of the tree, a mature Eucalyptus tereticornis (Forest Red Gum) as they contend that it has caused damage to their property and may continue to do so and that it may cause injury to people. The respondents do not want to remove the tree.