Keith v Dawson [2007] NSWLEC 844

Land and Environment Court of New South Wales

CITATION : Keith v Dawson [2007] NSWLEC 844

APPLICANT Ian Keith PARTIES : RESPONDENT Brian Dawson

FILE NUMBER(S) : 20977 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 13/12/2007

EX TEMPORE JUDGMENT DATE : 13 December 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

13 December 2007

20977 of 2007 Ian Keith v Brian Dawson

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Mr Ian Keith of 22 Celebes Street Kings Park concerning one Eucalyptus botryoides tree (the tree) located on 20 Celebes Street Kings Park owned by Mr Brian Dawson.

2 The extemporaneous decision was given on site on 13 December 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Mr Keith's application to the Court is to have property damage rectified and to have the tree removed although no monetary compensation is sought. The particular areas raised by Mr Keith relate to: o damage to the concrete path along the side of his house, o damage to the retaining wall on or near the common boundary, and o blockage of gutters with leaves and consequent internal water damage. 4 Mr Dawson opposes the removal of the tree, and has presented an arborist's report prepared in November 2007 by About Trees. The report concludes that the tree is in fair to average health and vitality, its overall structure appears to be sound and there are no apparent visible defects . The tree has an expected safe life expectancy of 5 – 15 years.