Rolls v Davies [2007] NSWLEC 533

Land and Environment Court of New South Wales

CITATION : Rolls v Davies [2007] NSWLEC 533

APPLICANTS Patrick & Patricia Rolls PARTIES : RESPONDENT Paul Davies

FILE NUMBER(S) : 20385 of 2007

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 20 August 2007

EX TEMPORE JUDGMENT DATE : 20 August 2007

APPLICANTS Mr Bruce Mather, agent LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

20 August 2007

07/20385 Patrick & Patricia Rolls v Paul Davies

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).

2. The application is made by Mr and Mrs Rolls of 208 Walmer Avenue, Sanctuary Point with respect to 10 trees located on the adjacent property of the south – 206 Walmer Avenue, owned by Mr Davies.

3. All of the trees are Scribbly Gums (Eucalyptus haemostoma var. sclerophylla) (the trees).

4. All of the trees are located between 4 and 6 m from the boundary fence with Mr Rolls' property.

5. We have carefully examined the various branch attachments of the overhanging branches that point in the direction of Mr Rolls' property and we are unable to see anything in any of those attachments to indicate that any of those branches are likely to fail, let alone fail in the near future.