Sumner v Graham [2008] NSWLEC 1391

Land and Environment Court of New South Wales

CITATION : Sumner v Graham [2008] NSWLEC 1391

APPLICANT Shirley Sumner PARTIES : RESPONDENT Robert and Carmel Graham

FILE NUMBER(S) : 20410 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal of the tree and damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 29/09/2008

EX TEMPORE JUDGMENT DATE : 29 September 2008

APPLICANT Ms S. Sumner, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr R. and Mrs C. Graham, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

29 September 2008

20410 of 2008 Shirley Sumner v Robert and Carmel Graham

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 Ms Shirley Sumner of 19 Tracey Avenue Carlingford regarding a tree located at the rear of the adjoining property owned by Mr and Mrs Graham of 21 Tracey Avenue Carlingford.

2 The tree is a small healthy Camphor Laurel (Cinnamomum camphora) of approximately 4 m high located within about 500 mm of the boundary fence between the applicant and the respondents. The tree partially overhangs and contacts the rear corner of Ms Sumner's house in which the laundry and a toilet are located. The tree has a minor bark inclusion between its two leaders.