Shilling v Jordan [2009] NSWLEC 1164

Land and Environment Court of New South Wales

CITATION : Shilling v Jordan [2009] NSWLEC 1164

APPLICANT Kenneth & Maree Shilling PARTIES : RESPONDENT Monica Theresa Jordan

FILE NUMBER(S) : 20144 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- tree pruning, risk of damage to property and possible injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Shilling v McNaught [2008] NSWLEC 1097 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 22 May 2009

DATE OF JUDGMENT: 22 May 2009

APPLICANT Mr K & Mrs M Shilling (litigants in person)

LEGAL REPRESENTATIVES: RESPONDENT Mr D Tink (solicitor) SOLICITOR Bilbie Dan Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 22 May 2009

20144 of 2009 Kenneth & Maree Shilling v Monica Theresa Jordan (aka Monica McNaught)

JUDGMENT

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

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Kenneth and Maree Shilling of 10 View Street Merewether Heights against a tree located on a property owned by Ms Maria Theresa Jordan. That property is 13 Flowerdale Avenue Merewether Heights. Mr David Tink of Bilbie Dan Solicitors represented the respondent.

2 The tree is a mature Eucalyptus paniculata (Grey Ironbark) located in the far south-western corner of the respondent's property. It overhangs several properties, including that of the applicants, and a public footpath.