Chu v Blissett [2009] NSWLEC 1200

Land and Environment Court of New South Wales

CITATION : Chu v Blissett [2009] NSWLEC 1200

APPLICANT Chu, Diana & Anor PARTIES : RESPONDENT Blissett, Norman & Anor

FILE NUMBER(S) : 20147 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- damage; sewer.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26 May 2009

EX TEMPORE JUDGMENT DATE : 26 May 2009

APPLICANT Diana Chu (Litigant in person) LEGAL REPRESENTATIVES: RESPONDENT Norman Blissett (Litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

26 May 2009

20147 of 2009

Diana and Edward Chu v Norman and Margaret Blissett

JUDGMENT 1 ACTING COMMISSIONER: Mr and Mrs Chu are the owners of 54 Dawson Street, Epping. They make an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage by a Sydney Blue Gum (the tree) growing on adjoining land to the west. They seek orders fro removal of the tree.

2 Mr and Mrs Chu bought their home in 1991. The house was built in about 1980, and is three storeys high beside the tree. They claim that their sewer pipe is always blocked by roots of the tree, that roots of the tree may damage the foundation of their house, that the fence and a garden edge have been damaged by the tree, and that their roof may be damaged by branches of the tree.

3 Mr and Mrs Blissett are the owners of 16 Magnolia Avenue, Epping (the property), the adjoining land to the west where the tree is growing. They have lived there since 1964 when what is now the Chus' land was a peach orchard. They planted the tree in about 1980 to screen the new three storey house.