Szabo v Ciacchi [2007] NSWLEC 675

Land and Environment Court of New South Wales

CITATION : Szabo v Ciacchi [2007] NSWLEC 675

APPLICANT Karoly Szabo PARTIES : RESPONDENT Claude Ciacchi

FILE NUMBER(S) : 20675 of 2007

CORAM: Brown C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- safety - damage - compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 8/10/07

EX TEMPORE JUDGMENT DATE : 8 October 2007

APPLICANT Mr J Kells, solicitor LEGAL REPRESENTATIVES: RESPONDENT In Person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Fakes AC

8 October 2007

20675 of 2007 Karoly Szabo v Claude Ciacchi

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Mr Karoly Szabo of 76 Joseph Banks Drive Kings Langely concerning an unspecified eucalypt tree located on the property owned by Mr Claude Ciacchi of 78 Joseph Banks Drive Kings Langely. The tree appears to have been planted on 78 Joseph Banks Drive although with time, the trunk is now located partly on 76 Joseph Banks Drive. There was no disagreement that the tree is "wholly or principally" on 78 Joseph Banks Drive, pursuant to s 4(3).

2 The extemporaneous decision was given on site on 8 October 2007 and the judgment reflects the findings given on site and the background documentation provided as part of the proceedings.

3 Mr Szabo's application is to require the removal of the tree for the following reasons: o the tree is in poor condition, o falling branches have damaged the roof of the dwelling and garden shed, o falling branches pose a safety risk to people in the rear yard, o the tree has caused the boundary fence to lean, and o the tree has caused cracking of the garden shed slab. 4 A report from the Tree Doctor supports the removal of the tree although the report is dated 29 June 1994.