Connolly v Imbruglia and Ors [2009] NSWLEC 1047

Land and Environment Court of New South Wales

CITATION : Connolly v Imbruglia and Ors [2009] NSWLEC 1047

APPLICANT Nicole and Edward Connolly PARTIES : RESPONDENT Stephanie Imbruglia, Jemimah Lawrence and Samual Stefano

FILE NUMBER(S) : 21097 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Deadwood removal and ariel inspection of both trees, and repair of fence

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28/01/2009

EX TEMPORE JUDGMENT DATE : 28 January 2009

APPLICANT Nicole and Edward Connolly, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Stephanie Imbruglia, Jemimah Lawrence and Samual Stefano, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

28 January 2009

21097 of 2008

Nicole and Edward Connolly v Stephanie Imbruglia, Jemimah Lawrence and Samual Stefano

JUDGMENT The extemporaneous decision was given on 28 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Two large Eucalyptus trees, both about 18 m tall, are growing in the backyard of 165 Willandra Road, Cromer, (the property) which is owned by Ms Imbruglia, Ms Lawrence and Mr Stefano. Both trees are growing adjacent the rear boundary fence and overhang the adjoining property to the east. The trunk of the northern tree, a Tallow-wood (Eucalyptus microcorys) has damaged the paling fence on the common boundary. The southern tree, a rough-bark Eucalypt (Eucalyptus sp.) has dropped two live branches in the last two months and various dead wood previously.