McMaster v Adams [2008] NSWLEC 1123

Land and Environment Court of New South Wales

CITATION : McMaster v Adams [2008] NSWLEC 1123

APPLICANT Margaret & Clifford McMaster PARTIES : RESPONDENT Patricia & Philip Adams

FILE NUMBER(S) : 20013 of 2008

CORAM: Thyer AC

KEY ISSUES: Neighbour Application - Trees (Neighbours) :- Removal of tree, pruning of tree, damage to property, injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17/03/2008

EX TEMPORE JUDGMENT DATE : 17 March 2008

APPLICANT Margaret & Clifford McMaster, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Patricia & Philip Adams, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

17 March 2008

20013 of 2008

Margaret & Clifford McMaster v Patricia & Philip Adams

JUDGMENT The decision was given at the hearing on 17 March 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: The Adams have lived in their waterfront home at Toronto for many years. Their grounds include sweeping lawns, gardens and numerous trees. They planted three Casuarina trees on their land beside the two-storey house next door, and the trees were a substantial size when the McMasters bought that house at 35 Brighton Avenue. A branch broke from the largest Casuarina tree 5–10 years ago, falling onto the Adams' property. The Council removed two similar trees from the reserve in front of the McMasters' home after their branches or trunk broke. The McMasters are concerned that the largest tree may break causing damage to their house or injury to them, and about the work required to clean Casuarina needles from their roof and the steep path beside their house. They also suspect that pollen from the tree may cause them slight breathing difficulties.