Kuhlmann v Hanna [2010] NSWLEC 1042

Land and Environment Court of New South Wales

CITATION : Kuhlmann v Hanna [2010] NSWLEC 1042

APPLICANT D Kuhlmann PARTIES : RESPONDENT L Hanna

FILE NUMBER(S) : 20915 of 2009

CORAM: Moore SC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 3 March 2010

EX TEMPORE JUDGMENT DATE : 3 March 2010

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

3 March 2010

09/20915 Kuhlmann v Hanna

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: Located in the north-western corner of Mr Hanna's property at Winston Hills is a large Jacaranda tree that has three major trunks. Elements of the tree overhang neighbouring properties to the west – one of which is owned by Mr Kuhlmann who is the applicant in these proceedings.

2 There are three trunks of the tree with one trunk joining the other two close to the ground and the second and third trunks rising some half a metre or so above that before separating. I have carefully examined the junction at each of those trunk separations; I have removed the loose detritus located therein and then satisfied myself that there is no fungal growth and no instability or other defect in that attachment. I have also had a careful look at the joint of the major branch that overhangs Mr Kuhlmann's property, at the point where it attaches to the trunk from which it springs. There is no evidence of disturbance with or defect in that attachment.