Campbell v Koutsourais [2008] NSWLEC 1421

Land and Environment Court of New South Wales

CITATION : Campbell v Koutsourais [2008] NSWLEC 1421

APPLICANT Daryl and Jean Campbell PARTIES : RESPONDENT Mr & Mrs Koutsourais

FILE NUMBER(S) : 20649 of 2008

CORAM: Fakes AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 15/10/2008

EX TEMPORE JUDGMENT DATE : 15 October 2008

APPLICANT Daryl and Jean Campbell, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT No Appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

15 October 2008

20649 of 2008 Daryl and Jean Campbell v Mr & Mrs Koutsourais

JUDGMENT

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

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Campbell of 48 Condamine Street Campbelltown against trees located on a property owned by Mr and Mrs Koutsourais of 46 Condamine Street Campbelltown.

2 The applicants are concerned about three trees at the rear of the respondents' property that are adjacent to their side boundary fence. The trees are all mature specimens. They are one Illawarra Flame tree, a Cocos Palm and a Liquidambar.