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. Tim Moore Commissioner of the Court DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.