Farrugia v Cole [2008] NSWLEC 1341

Land and Environment Court of New South Wales

CITATION : Farrugia v Cole [2008] NSWLEC 1341

APPLICANT Scott and Sherin Farrugia PARTIES : RESPONDENT Greg Cole

FILE NUMBER(S) : 20508 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Tree be heavily pruned or removed, risk of injury to persons, damage to property and blockage to drains and gutters.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 12/08/2008

EX TEMPORE JUDGMENT DATE : 12 August 2008

APPLICANT Mr R. Farrugia, (Agent - father) LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Cole, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

12 August 2008

20508 of 2008

Scott and Sherin Farrugia v Greg Cole

JUDGMENT The two applications 20508 of 2008 and 20520 of 2008 were for the same tree and respondent. The applications were heard together and determined in a single decision. The decision was given as an extemporaneous decision. It has been revised and edited prior to publication and the written judgement for both applications is the same. 1 ACTING COMMISSIONER: A peppercorn tree grows in the south western corner of the backyard of 35 Paul Street Picnic Point, owned by Mr Cole. The tree overhangs 37 Ramsay Street Picnic Point, the adjoining property to the south. Mr Cole's property has a single dwelling and large area of yard, as did 37 Ramsay Street prior to its development with four villas in 2002. Branches of the peppercorn tree extend a few metres over both 2/37 Ramsay Street owned by Mrs and Mrs Farrugia and 3/37 Ramsay Street owned by Mrs Young.