Parisi v Michaels [2009] NSWLEC 1197

Land and Environment Court of New South Wales

CITATION : Parisi v Michaels [2009] NSWLEC 1197

APPLICANT Parisi, Maria PARTIES : RESPONDENT Michaels, Wendy

FILE NUMBER(S) : 20195 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- senescence; management; injury; termites

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 19 May 2009

EX TEMPORE JUDGMENT DATE : 19 May 2009

APPLICANT M Parisi (Litigant in person) LEGAL REPRESENTATIVES: RESPONDENT W Michaels (Litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

19 May 2009

20195 of 2009 Maria Parisi v Wendy Michaels

JUDGMENT 1 ACTING COMMISSIONER: A large River she-oak (Casuarina cunninghamiana) (the tree) is growing at the back fence of 2 Marooba Road Northbridge (the property), about mid-way across the yard. The property is owned by Dr Michaels. She is represented by solicitor Mrs Taylor.

2 Dr Michaels submission includes the following documents: o Arboricultural statement prepared by Ms Mackenzie who is an AQF level 5 arborist, dated 8 May 2009. Ms Mackenzie also attended the hearing. o Statement of Mr Burns who is an AQF level 3 arborist, dated 10 May 2009. Mr Burns has advised on the care of the tree since 2002 and carried out the most recent pruning of the tree on 15 April 2009. o Termite inspection report by W Tafe (May 2009). o Fourteen letters of support for retention of the tree, including the neighbour immediately to the west whose yard is overhung by the tree. Many of these supporters attended the hearing.