G Locchi v M Bevilacqua [2007] NSWLEC 846

Land and Environment Court of New South Wales

CITATION : G Locchi v M Bevilacqua [2007] NSWLEC 846

APPLICANT Grazia Locchi PARTIES : RESPONDENT M Bevilacqua

FILE NUMBER(S) : 20896 of 2007

CORAM: Tuor C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- removal of tree, injury to property and people

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17/12/2007

EX TEMPORE JUDGMENT DATE : 17 December 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Non attendance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Fakes AC

Tuor C

17 December 2007

20896 of 2007 Grazia Locchi v M. Bevilacqua

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Grazia Locchi of Unit 5 1-3 Willara Avenue Merrylands concerning a tree located on a property at 70 Clarence Street Merrylands. The applicant was assisted by Mr Michael Starr from Starr Partners Strata Development, the managing agents for the villas. The respondent, Mr Bevilacqua, did not attend but a phone message was left at the commencement of the hearing. Also in attendance were tree management officers from Holroyd City Council.

2 The tree in question is a Corymbia citriodora (Lemon-scented Gum). The property on which the tree is located is a rental property owned by Mr Bevilacqua. As a result of the absence of the tree owner or his tenant, the tree was only inspected from the applicant's property.