Ratay v Allen [2010] NSWLEC 1086

Land and Environment Court of New South Wales

CITATION : Ratay v Allen [2010] NSWLEC 1086

APPLICANTS P & M Ratay PARTIES : RESPONDENT A Allen

FILE NUMBER(S) : 20070 of 2010

CORAM: Moore SC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Dooley & anor v Nevell [2007] NSWLEC 715

DATES OF HEARING: 13 April 2010

EX TEMPORE JUDGMENT DATE : 13 April 2010

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

13 April 2010

10/20070 Ratay v Allen

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: This application is made pursuant to the Trees (Disputes Between Neighbours) Act 2006 concerning the roots of two Liquidambar trees located on the adjacent property to the north of the applicants' property. The more southern of these two trees overhangs the applicants' property and has an obviously extensive root system that is suckering shoots in the applicants' property. The second tree is some 15 m further to the north.

2 I have carefully examined various branch attachments that I can see on these trees (as I do not have access to the tree property as the respondent has not attended the hearing). There is no indication of likely structural failure of any observable element.