Rizk v Department of Housing [2007] NSWLEC 297

Land and Environment Court of New South Wales

CITATION : Rizk v Department of Housing [2007] NSWLEC 297

APPLICANT John Rizk PARTIES : RESPONDENT Department of Housing

FILE NUMBER(S) : 20156 of 2007

CORAM: Bly C

KEY ISSUES: Trees (Neighbours) :- removal of a Sydney Blue Gum tree

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 20/04/2007

EX TEMPORE JUDGMENT DATE : 20 April 2007

APPLICANT Mr J. Rizk, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr J. Eccleston, solicitor Instructed by Mr K. Gider of Department of Housing

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Fakes C

20 April 2007

20156 of 2007 John Rizk v Department of Housing

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication.

1 COMMISSIONERS: This is an application pursuant to s7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mr J Rizk of 17 Kingswood Avenue, Kingswood for the removal of a large Eucalyptus saligna (Sydney Blue Gum) ("the tree") in the adjoining property at 15 Kingswood Avenue. That adjoining property is owned by the Department of Housing. That Department appeared at the on-site hearing and advised that it had nothing to say in relation to the matter other than to assist the Court (as it did) in terms of the history of incidents associated with the tree.