Campbell v Rahme [2009] NSWLEC 1315

Land and Environment Court of New South Wales

CITATION : Campbell v Rahme [2009] NSWLEC 1315

APPLICANT Reginald Campbell PARTIES : RESPONDENT Daniel Rahme

FILE NUMBER(S) : 20440 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of the tree, damage to property and injury to people

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 18 September 2009

EX TEMPORE JUDGMENT DATE : 18 September 2009

APPLICANT Reginald Campbell (litigant in person) LEGAL REPRESENTATIVES:

RESPONDENT Daniel Rahme (litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 18 September 2009

20440 of 2009 Reginald Campbell v Daniel Rahme

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 Mr Reginald Campbell of 11 Mills Crescent Burwood against the owner of a tree growing at 11 Selborne Street Burwood. The owner of that property is Mr Daniel Rahme. Mrs Rhonda Campbell acted as Mr Campbell's agent for these proceedings. Burwood Council was represented by Mr Joe Lilley, Tree Management Officer.

2 At the on site hearing, I disclosed to all parties that in the past I lived across the road from 11 Selborne Street and that I was on speaking terms with the previous owner of no. 11 and with Mr Rahme's father who lives at no. 9 Selborne Street. However, I had never entered 11 Selborne Street. All parties agreed that I continue to hear the matter.