Pozzecco v Bedi [2009] NSWLEC 1049

Land and Environment Court of New South Wales

CITATION : Pozzecco v Bedi [2009] NSWLEC 1049

APPLICANT Lisa Pozzecco PARTIES : RESPONDENT Kam Bedi

FILE NUMBER(S) : 21103 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of seven Cypress trees by 15 March 2009.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 29/01/2009

EX TEMPORE JUDGMENT DATE : 29 January 2009

APPLICANT Lisa Pozzecco, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Kam Bedi, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

29 January 2009

21103 of 2008

Lisa Pozzecco v Kam Bedi

JUDGMENT The extemporaneous decision was given on 29 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Ten Cypress trees are growing in the backyard of 24 Heritage Way, Glen Alpine, which is owned by Mr Bedi. The trees are situated above a timber retaining wall that is largely on the common boundary with the adjoining property to the north. Mr Bedi who is a Civil Engineer was present at the onsite hearing and was assisted by his friend Mr Rajadurai who is a building inspector.

2 Ms Pozzecco is the owner of 4 Carclew Place, Glen Alpine, the adjoining property to the north. She claims that the trees have overgrown the airspace at the side of her house making that area shady and impossible to grow grass, that the trees are pushing the retaining wall over, that the trees will fall onto her property, and that soil will wash into her property. She has made an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify and prevent property damage. She sseeks orders that Mr Bedi remove the trees and what is unsafe, replace the retaining wall, and put in sufficient drainage to stop water entering and flooding her yard. Ms Pozzecco was assisted at the hearing by her partner Mr Raffoul.