Gray v Ward [2010] NSWLEC 1056

Land and Environment Court of New South Wales

CITATION : Gray v Ward [2010] NSWLEC 1056

APPLICANT Bruce Gray and Julie-Ane Gray PARTIES : RESPONDENT Raymond Ward

FILE NUMBER(S) : 20995 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of three trees, damage to property and risk of injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 24 March 2010

EX TEMPORE JUDGMENT DATE : 24 March 2010

APPLICANT Mr Abramowicz (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Waldemar Abramowicz Fox & Staniland

RESPONDENT Mr Raymond (litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

24 March 2010

20995 of 2009 Gray v Ward

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Dr and Mrs Gray of 34 Billyard Avenue Wahroonga against the owners of three trees growing at the rear of 30-32 Billyard Avenue. The owners of that property are Mr and Mrs Ward. The applicants were represented by Mr Abramowicz, solicitor. Mr K Hill, arborist for the applicants gave evidence at the on-site hearing.

2 The applicants are seeking the removal of the three trees as they contend that dead branches falling from the trees have caused, and could continue to cause, damage to their property and are a risk of injury to persons.