Sandford v Pearce [2007] NSWLEC 464

Land and Environment Court of New South Wales

CITATION : Sandford v Pearce [2007] NSWLEC 464 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Peter & Gai Sandford PARTIES : Respondent: Robin & Margaret Pearce

FILE NUMBER(S) : 20346 of 2007

CORAM: Roseth SC - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- tree dispute

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 24/07/2007

EX TEMPORE JUDGMENT DATE : 24 July 2007

LEGAL REPRESENTATIVES: Applicant in person Respondent in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Thyer AC

24 July 2007

20346 of 2007 Peter & Gai Sandford v Robin & Margaret Pearce

JUDGMENT 1 Senior Commissioner and Acting Commissioner: This is an application under s7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning three trees located at 27 Lower Almora Street, Mosman. The applicants are Mr and Mrs Sandford. They live at 25 Lower Almora Street adjacent to No 27, of which the owners are Mr and Mrs Pearce, the respondents in these proceedings. 2 The three trees involved are two Tallow-wood trees (Eucalyptus microcoriys) and a Chinese Elm (Ulmus parvifolia). For the Tallow-wood trees the applicants seek "elimination of danger and hence potential threat to life and property at No 25", while for the Chinese Elm they seek removal. The respondents, Mr and Mrs Pearce, want to retain the Tallowood trees and have no objection to the removal of the Chinese Elm.