Strata Plan 5144 v David and Gale Haworth and Richard Smith v David and Gale Haworth [2009] NSWLEC 1217

Land and Environment Court of New South Wales

CITATION : Strata Plan 5144 v David and Gale Haworth and Richard Smith v David and Gale Haworth [2009] NSWLEC 1217

APPLICANT Strata Plan 5144 (Appeal 20096 of 2009) PARTIES : Richard Smith (Appeal 20246 of 2009)

RESPONDENT David and Gale Haworth

FILE NUMBER(S) : 20096; 20246 of 2009

CORAM: Tuor C - Thyer AC

TREES (NEIGHBOURS) :- Removal and pruning of trees KEY ISSUES: damage to property compensation tree root barrier and sewer pipes

DATES OF HEARING: 26 June 2009

EX TEMPORE JUDGMENT DATE : 26 June 2009

APPLICANT Mr P Panikkar for Appeal 20096 of 2009 LEGAL REPRESENTATIVES: and Mr C Smith for Appeal 20246 of 2009 RESPONDENT Mr and Mrs Haworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C & Thyer AC

26 June 2009

20096 of 2009 and 20246 of 2009

Strata Plan 5144 v David and Gaye Haworth and Richard Smith v David and Gaye Haworth

JUDGMENT 1 COMMISSIONERS: These are two appeals in relation to trees along the western boundary of 55 Lang Street, Burwood (the property).

2 Mr and Mrs Haworth are the owners of the property, which is listed as a heritage item under Burwood Local Environmental Plan 19.

3 Strata Plan 5144 is the applicant in Appeal No 20096. It is represented by Mr P Panikkar, the Strata Manager for Strata Plan 5144 at 76 Bay Street, Croydon, the adjoining land (the land) to the west of the property. Mr C Smith is representing the applicant in Appeal 20246 of 2009. He lives at Villa 10, 76 Bay Street Croydon. They make applications under the Trees (Disputes Between Neighbours) Act 2006 (the Act).