Young v Cole [2008] NSWLEC 1342

Land and Environment Court of New South Wales

CITATION : Young v Cole [2008] NSWLEC 1342

APPLICANT Janice Young PARTIES : RESPONDENT Greg Cole

FILE NUMBER(S) : 20520 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Tree be heavily pruned or removed, damage to property, risk of injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 12/08/2008

EX TEMPORE JUDGMENT DATE : 12 August 2008

APPLICANT Ms J Young, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr G Cole, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

12 August 2008

20520 of 2008

Janice Young v Greg Cole

JUDGMENT The two applications 20508 of 2008 and 20520 of 2008 were for the same tree and respondent. The applications were heard together and determined in a single decision. The decision was given as an extemporaneous decision. It has been revised and edited prior to publication and the written judgement for both applications is the same. 1 ACTING COMMISSIONER: A peppercorn tree grows in the south western corner of the backyard of 35 Paul Street Picnic Point, owned by Mr Cole. The tree overhangs 37 Ramsay Street Picnic Point, the adjoining property to the south. Mr Cole's property has a single dwelling and large area of yard, as did 37 Ramsay Street prior to its development with four villas in 2002. Branches of the peppercorn tree extend a few metres over both 2/37 Ramsay Street owned by Mrs and Mrs Farrugia and 3/37 Ramsay Street owned by Mrs Young.