Ruck, Fiona & Anor v Wheeler, Raymond [2007] NSWLEC 517

Land and Environment Court of New South Wales

CITATION : Ruck, Fiona & Anor v Wheeler, Raymond [2007] NSWLEC 517

APPLICANT Ruck, Fiona & Anor PARTIES : RESPONDENT Raymond Wheeler

FILE NUMBER(S) : 20363 of 2007

CORAM: Bly C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- pruning and canopy reduction

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 25/07/2007

EX TEMPORE JUDGMENT DATE : 25 July 2007

APPLICANT Ms Ruck, litigant in person

LEGAL REPRESENTATIVES:

RESPONDENT Mr R. Wheeler, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Thyer A C

25 July 2007

20363 of 2007 Ruck, Fiona & Anor v Wheeler, Raymond

JUDGMENT 1 This is an Application pursuant to section 17 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mrs F Ruck of 11 Wallace Street, Waverley and Mr A Thorn of 13 Wallace Street, Waverley in relation to three large Eucalyptus Trees on the adjoining property at No 5, Wallace St, Waverley.

2 The Hearing was conducted on site where we heard from Mrs Ruck and Mr S Hutchinson on behalf of Mr Thorn. We also heard from Mr Wheeler, the owner of No 5 Wallace Street.

3 We were also provided with a letter forwarded to Mr Wheeler by the Waverley Council, that letter comprising a consent under the Council's Tree Preservation Order for the pruning to all three of the trees (referred to as Tress A, B and C) under consideration. That consent was issued under the signature of Mr J Hilliard, Council's Tree Management Officer. The Court had the benefit of Mr Hilliard's advice whilst on site.