Gauci v Ioannou [2009] NSWLEC 1419

Land and Environment Court of New South Wales

CITATION : Gauci v Ioannou [2009] NSWLEC 1419

APPLICANT Martin Gauci v PARTIES : RESPONDENT Cris and Androulla Ioannou

FILE NUMBER(S) : 20724 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of tree, damage to property and risk of injury to people.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 10 December 2009

DATE OF JUDGMENT: 18 December 2009

APPLICANT Martin Gauci v LEGAL REPRESENTATIVES:

RESPONDENT Cris and Androulla Ioannou

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

18 December 2009

20724 of 2009 Martin Gauci v Cris and Androulla Ioannou

JUDGMENT 1 COMMISSIONER: This is an applicant pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Martin Gauci of 108a Harvey Road Kings Park against the owners of a tree located at the rear of 46 Cobham Street Kings Park. The owners of that property are Mr and Mrs Ioannou. Mrs Claire Gauci attended the on-site hearing; Mrs Ioannou was unable to do so.

2 The applicant is seeking the removal of the tree as he contends that the tree poses a risk of injury to people. He contends that branches from the tree have caused damage to his property and will continue to do so.

3 The tree is a dead Eucalypt of approximately 20 m in height located in the rear north-western corner of the respondents' property between a chook shed and the rear boundary fence. The applicant's property is to the rear of the respondents' property. The tree is also close to the boundary with the northern neighbours of both the applicant and the respondents and effectively overhangs four properties.