Hadjichryssafis v Mr & Mrs Kilby [2007] NSWLEC 730

Land and Environment Court of New South Wales

CITATION : Hadjichryssafis v Mr & Mrs Kilby [2007] NSWLEC 730

APPLICANT Lucy Hadjichryssafis PARTIES : RESPONDENT Mr & Mrs Kilby

FILE NUMBER(S) : 20783 of 2007

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 31/10/2007

EX TEMPORE JUDGMENT DATE : 31 October 2007

APPLICANT Mrs Effie Gastelarris, litigant in person Ms Victoria Hadjichryssafis, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs Gail Kilby, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

31 October 2007

20783 of 2007 Lucy Hadjichryssafis v Mr & Mrs Kilby

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Lucy Hadjichryssafis of 34 Bruce Street Brighton Le Sands concerning two Callistemon salignus (Willow Bottlebrush), the trees, located on a property at 39 Gordon Street Brighton Le Sands.

2 The property on which the trees are located is owned by Mr and Mrs Kilby. Mrs Gail Kilby was present on site. Mrs Hadjichryssafis was present but largely represented by her daughters, Mrs Effie Gastelarris and Ms Victoria Hadjichryssafis. Also on site was Mr Peter Alland of Rockdale City Council.

3 The application seeks orders from the Court that the trees be removed or pruned as the trees may cause damage to the gutters of the applicant's house, they could fall and cause injury to herself or her grandchildren, they drop litter in the gutters and on the ground, they are a potential fire hazard, and could be dangerous in a storm. The applicant was concerned that after a recent storm, a broken branch was hanging over the footpath beside her house that runs beneath these trees and that there was considerable debris on the ground. This path is used for access to the laundry and the garbage bins.