Lazarus and Anor v Harry [2009] NSWLEC 1055

Land and Environment Court of New South Wales

CITATION : Lazarus and Anor v Harry [2009] NSWLEC 1055

APPLICANT Marcella Lazarus and Peter Nissen PARTIES : RESPONDENT Barbara Harry

FILE NUMBER(S) : 21219 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Damage to Property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 18/02/2009

EX TEMPORE JUDGMENT DATE : 18 February 2009

APPLICANT Marcella Lazarus and Peter Nissen, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Barbara Harry, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

18 February 2009

21219 of 2008

Marcella Lazarus and Peter Nissen v Barbara Harry

JUDGMENT The extemporaneous decision was given on 18 February 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: A very large Plane tree is growing in the backyard of 8 Punch Street, Balmain, which is owned by Ms Harry. The Plane tree was on the property when she purchased in 1973. The tree is located close to the common boundary of the adjoining property to the north.

2 Ms Lazarus and Peter Nissen are the owners of 10 Punch Street, Balmain, the adjoining property to the north. They bought their property three and a half years ago in 2005. They make an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify and prevent property damage, and to prevent injury to people.