Brown v Dawson [2009] NSWLEC 1039

Land and Environment Court of New South Wales

CITATION : Brown v Dawson [2009] NSWLEC 1039

APPLICANT Noelene Brown PARTIES : RESPONDENT Julie Dawson

FILE NUMBER(S) : 20954 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Threatened Species Conservation Act 1995 Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 21 January 2009

EX TEMPORE JUDGMENT DATE : 20 January 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

21 January 2009

20954 of 2008 Noelene Brown v Julie Dawson

JUDGMENT

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

The consequence of the Court's decision in this application is the making of orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 .

1 COMMISSIONERS: In the south-eastern corner of the property at 2 Paul Street, Umina Beach a mature Magenta Cherry grows in close proximity to the boundary with 163 Trafalgar Avenue (which is the property to the south and south-east).

2 The owner of 163 Trafalgar Avenue, Ms Brown has applied to the Court for an order for removal of the tree. She has so applied on the basis of damage being occasioned to her property by the roots of the tree that damage being damage to the floor concrete slab of a garage at her property access from a rear lane and damage to pavers located between that garage and her house.