Johnson v Morrow [2008] NSWLEC 1343

Land and Environment Court of New South Wales

CITATION : Johnson v Morrow [2008] NSWLEC 1343

APPLICANT Raymond Johnson PARTIES : RESPONDENT Damien Morrow

FILE NUMBER(S) : 20517 of 2008

CORAM: Thyer AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 11/08/2008

EX TEMPORE JUDGMENT DATE : 11 August 2008

APPLICANT Mr R. Johnson, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr T. Stapleton (Agent - property manager from Baird Real Estate)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

11 August 2008

20517 of 2008 Raymond Johnson v Damien Morrow

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr Johnson, owner of 12 Stephen Street, Cessnock has applied to the Court for orders that a Gum tree (Eucalyptus sp.) be removed. The tree is situated on 10 Stephen Street, Cessnock which is the adjoining property to the south owned by Mr Morrow. The tree is growing near the common boundary about one quarter the distance along Mr Johnson's side boundary from the eastern end of his property.

2 Mr Johnson has lived at his property for 41 years. He and his wife have bird aviaries in the backyard and like to spend time in the backyard. They have a carport near the tree. The tree is now large and overhangs the carport and halfway across their yard. They are concerned that the tree is in poor health, has dropped a large live branch and many dead branches, and there are dead branches still in the canopy that could cause damage or injury if they fell. They seek orders that the tree be removed.