Spillane v Burgess [2009] NSWLEC 1289

Land and Environment Court of New South Wales

CITATION : Spillane v Burgess [2009] NSWLEC 1289

APPLICANTS D & J Spillane PARTIES : RESPONDENTS S & T Burgess

FILE NUMBER(S) : 20194 of 2009

CORAM: Moore SC - Fakes AC

KEY ISSUES: COMPENSATION - TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005

CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) 72 NSWLR 98; (2008) 159 LGERA 280

DATES OF HEARING: 17 July 2009

EX TEMPORE JUDGMENT DATE : 17 July 2009

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC FAKES AC

17 July 2009

20194 of 2009 D & J Spillane v S & T Burgess

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: This is an application made pursuant to the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) by Mr and Mrs Spillane concerning a number of trees that are located on Mr and Mrs Burgess's property adjacent to their house.

2 The trees are located toward the rear of the two dwellings and are separated from the Spillane house by the width of the driveway on Mr and Mrs Spillane's property. The trees are a metre or so inside the fence – which, for the purposes of these proceedings and by agreement, we are treating as being the boundary between the properties (although we have no survey to that effect).