Berkman v Ward [2007] NSWLEC 864

Land and Environment Court of New South Wales

CITATION : Berkman v Ward [2007] NSWLEC 864

APPLICANT Andrew Berkman PARTIES : RESPONDENT Deirdre Ward

FILE NUMBER(S) : 21019 of 2007

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal of trees, risk to persons and property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 20/12/2007

EX TEMPORE JUDGMENT DATE : 20 December 2007

APPLICANT Mr A. Berkman, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms D. Ward, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

20 December 2007

21019 of 2007 Andrew Berkman v Deirdre Ward

JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Andrew Berkman of 197 Copacabana Drive Copacabana concerning 4 eucalypts at the rear of the property owned by Mrs Deirdre Watts; that property being 51 Ladera Drive Copacabana. The applicant was assisted by her husband. Mr Everingham, Solicitor, attended on behalf of Gosford City Council.

2 The trees are 3 mature Eucalyptus pilularis (Blackbutt) and one semi-mature Eucalyptus saligna (Sydney Blue Gum). The trees were viewed from both the respondent's and the applicant's properties.

3 The applicant is seeking the removal of all 4 trees as he contends that they pose a risk to persons and property. This action is sought as a result of an incident in 2001 when Mr Berkman's young daughter was struck on the head by a fallen piece of dead wood when she was playing in the backyard with her brother. According to Mr Berkman, the weather was not especially windy. This incident resulted in her hospitalisation.