Joel v Benton [2008] NSWLEC 1198

Land and Environment Court of New South Wales

CITATION : Joel v Benton [2008] NSWLEC 1198

APPLICANT Ivy Joel PARTIES : RESPONDENT Mr & Mrs Benton

FILE NUMBER(S) : 20123 of 2008

CORAM: Thyer AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 15/05/2008

EX TEMPORE JUDGMENT DATE : 15 May 2008

APPLICANT Ivy Joel, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr & Mrs Benton, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 May 2008

20123 of 2008 Ivy Joel v Mr & Mrs Benton

JUDGMENT The decision was given at the hearing on 15 May 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: The Bentons retained two scribbly Gum trees when they cleared their land for building 18 years ago, to provide shade from the western summer sun and to encourage native birds and wildlife to their garden. The two trees stand at their western boundary, and have been pruned over the years so that part of their trunks but almost no leaves or branches extend over the boundary. The Bentons say that the trees have been maintained to the satisfaction of the past and present owners, and were of their present height and form when Mrs Joel bought her property about 10 years ago. They had the trees inspected recently by a consulting arborist who concluded that the trees are in average health and structural condition and are retainable for more than 10 years.