Millar v Easby [2007] NSWLEC 850

Land and Environment Court of New South Wales

CITATION : Millar v Easby [2007] NSWLEC 850

APPLICANT Trevor Millar PARTIES : RESPONDENT Owen Easby

FILE NUMBER(S) : 20973 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- the trees be cut back to the owner's side , compensation for costs

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 7/12/2007

EX TEMPORE JUDGMENT DATE : 7 December 2007

APPLICANT Mr T. Millar, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr O. Easby, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

7 December 2007

20973 of 2007 Millar v Easby

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning seven trees (the trees) situated on 10 Commodore Circuit, Banora Point (the property). The property is owned by Mr Owen Easby.

2 The seven trees are: 1. Pride of Bolivia tree, also known as Tipu ( Tipuana tipu ) located in the north-western corner of the front yard; 2. Poinciana tree ( Delonix regia ) located in the front yard beside Mr Millar's shed; 3. Bottlebrush ( Callistemon sp .) located in the backyard, north-east of Mr Millar's pool; 4. Wattle ( Acacia sp possibly A. floribunda ) located in the backyard, east of Mr Millar's pool; 5, 6 & 7 Grass Trees located in the backyard, east of Mr Millar's deck. 3 The application has been made by Mr Trevor Millar, owner of 8 Commodore Circuit, Banora Point, the adjoining property to the west of the trees.