Schultz & anor v Bohringer [2007] NSWLEC 560

Land and Environment Court of New South Wales

CITATION : Schultz & anor v Bohringer [2007] NSWLEC 560

APPLICANTS Melissa Schultz & Jamie Skontouroglou PARTIES : RESPONDENT Gail Bohringer

FILE NUMBER(S) : 20676 of 2007

CORAM: Moore C

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Consent orders

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28 August 2007

EX TEMPORE JUDGMENT DATE : 28 August 2007

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

28 August 2007

07/20676 Melissa Schultz & Jamie Skontouroglou v Gail Bohringer

JUDGMENT 1 COMMISSIONER: This an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) to remove a Norfolk Island Pine (Araucaria heterophylla) (the tree) located on 44 Beryl Street, Coffs Harbour. 2 I have attended the site and had the opportunity of inspecting the tree from the applicants' side of the fence. 3 During the course of the view, the parties reached agreement to share, equally, the cost of removal of the tree. 4 I inspected the damage which had been caused by a large root of the tree to the upper, non-structural element of the applicants' retaining wall. The extent of the past damage is sufficient to enliven the Court's jurisdiction pursuant to the first test posed by s 10(2)(a) of the Act. 5 I am also satisfied that it is prudent to give effect to the agreement between the parties that the tree be removed. Consent orders will be made to give effect to this agreement.