Tou and anor v Maskiney [2010] NSWLEC 1068

Land and Environment Court of New South Wales

CITATION : Tou and anor v Maskiney [2010] NSWLEC 1068

APPLICANTS Iat Sang Tou PARTIES : Hilda Hing Hing

RESPONDENT Charles Maskiney

FILE NUMBER(S) : 20919 of 2009

CORAM: Fakes C

TREES (NEIGHBOURS) :- Damage to property KEY ISSUES: Compensation Injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 22/03/10

DATE OF JUDGMENT: 22 March 2010

EX TEMPORE JUDGMENT DATE : 22 March 2010

APPLICANT LEGAL REPRESENTATIVES: Ms Helen Sin (solicitor) RESPONDENT Ms Susan Barry-Cotter (solicitor)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

22 March 2010

20919 of 2009 Tou v Maskiney

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by Mr and Mrs Tou of 28 Starkey Street Forestville against the owner of a tree growing at 30 Starkey Street. The owner of that property is Mr Maskiney. The applicants were represented by Ms H Sin, solicitor and the respondent by Ms S Barry-Cotter, solicitor.

2 The applicants are seeking the removal of the tree, a mature Casuarina cunninghamiana (River She-Oak), at the owner's expense, as they contend that the tree has caused damage to their property and could be a risk of injury to persons. They are also seeking compensation for a number of items.