Mitchell v Dalton [2009] NSWLEC 1248

Land and Environment Court of New South Wales

CITATION : Mitchell v Dalton [2009] NSWLEC 1248

APPLICANT Mitchell, Joseph PARTIES : RESPONDENT Dalton, Jacinta

FILE NUMBER(S) : 20307 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of trees; damage to property; damage to persons.

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 July 2009

EX TEMPORE JUDGMENT DATE : 15 July 2009

APPLICANT Mr J Mithcell (Litigant in Person) LEGAL REPRESENTATIVES: RESPONDENT Ms J Dalton

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 15 July 2009

20307 of 2009 Joseph Mitchell v Jacinta Dalton

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 Joseph Mitchell of 137 Lindsay Street Hamilton against the owner of 2 trees located at 8 Blackall Street Hamilton. The owner of that property is Ms Jacinta Dalton.

2 The applicant is seeking the removal of the 2 trees as he contends that they pose a threat to his property and his person. He is also seeking compensation for an unspecified amount for future costs associated with the removal of leaf litter.