Szabo v Shaw [2007] NSWLEC 758

Land and Environment Court of New South Wales

CITATION : Szabo v Shaw [2007] NSWLEC 758

APPLICANT John Szabo PARTIES : RESPONDENT Quentin Shaw

FILE NUMBER(S) : 20930 of 2007

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- removal of trees, damage to the property, compensation for damages.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 14/11/2007

EX TEMPORE JUDGMENT DATE : 14 November 2007

APPLICANT Mr J. Szabo, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mr. Q. Shaw, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

14 November 2007

20930 of 2007 John Szabo v Quentin Shaw

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr John Szabo of 28 Lucknow Street Willoughby concerning three trees located on a property at 26 Lucknow Street Willoughby. The applicant was assisted at the on-site hearing by his daughter Ms Michelle Szabo.

2 The property is owned by Mr Quentin Shaw. The trees are two Leyland Cypress (x Cuppressocyparis leylandii) and one Chinese Tallow (Sapium sebiferum). In the applicant's submission, Tree 1 is a Leyland Cypress that overhangs his garage, Tree 2 is the Chinese Tallow affecting the boundary fence and Tree 3 is the Leyland Cypress at the front corner of the respondent's property that is growing near Mr Szabo's electricity service line. The trees were well-established when the respondent moved in seven years ago.