Rasmussen v Robinson [2010] NSWLEC 1318

Land and Environment Court of New South Wales

CITATION : Rasmussen v Robinson [2010] NSWLEC 1318

APPLICANT M Rasmussen PARTIES : RESPONDENT S Robinson

FILE NUMBER(S) : 20705 of 2010

CORAM: Hewett AC - Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Damage to property, injury to persons; no evidence found; application dismissed

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15/11/2010

DATE OF JUDGMENT: 15 November 2010

EX TEMPORE JUDGMENT DATE : 15 November 2010

APPLICANT Mr M Rasmussen [litigant in person] LEGAL REPRESENTATIVES:

RESPONDENT Mrs Robinson [agent]

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hewett AC Fakes C

15 November 2010

20705 of 2010 Rasmussen v Robinson

JUDGMENT

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

1 COMMISSIONERS: This is an application pursuant to Part 2 s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Como against the owner of trees growing on an adjoining property. 2 The applicant is seeking the removal of a palm tree growing on the respondent's land. He contends that the tree sways dangerously in windy weather. He is concerned that it will fall and damage his property or injure persons. He also contends that the tree sheds a lot of large sharp-edged leaves fronds that might cause injury to persons.