Genakis v Callil & anor [2008] NSWLEC 38

Land and Environment Court of New South Wales

CITATION : Genakis v Callil & anor [2008] NSWLEC 38

APPLICANT Anna Genakis PARTIES : RESPONDENT Colin and Wadie Solomam Callil

FILE NUMBER(S) : 21025 of 2007

CORAM: Brown C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 18/01/08

EX TEMPORE JUDGMENT DATE : 18 January 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Thyer AC

18 January 2008

21025 of 2007 Anna Genakis v Colin Callil & anor

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Ms Anna Genakis of 35 King Street Enfield concerning three Casuarina glauca trees (the trees) located close to the common boundary but on the adjoining property of a residential flat building owned by Colin and Wadie Soloman Callil at 104 Mitchell Street Enfield.

2 The extemporaneous decision was given on site on 18 January 2008 and the judgment reflects the findings and the background documentation provided as part of the proceedings.

3 Ms Anna Genakis's application is to require the removal of the three trees. Her concerns related to: o the tree overhangs her property and drops leaves and small branches and prevents the use of the yard by her son, o the tree roots enter her property and produce suckers that will affect proposed building renovations and landscaping, and o the tree roots have damaged the concrete garage floor. 4 Mr Callil states that the removal of the trees is not necessary. He does not accept that they caused the cracking of the garage floor or that they are dangerous. Their removal would deny shade for the playground equipment located in this area for the residential flat building.