Kiernicki v Couto [2008] NSWLEC 1515

Land and Environment Court of New South Wales

CITATION : Kiernicki v Couto [2008] NSWLEC 1515

APPLICANT Mr H. Kiernicki PARTIES : RESPONDENT M. P. Couto

FILE NUMBER(S) : 21043 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Orders made to remedy dispute in accordance with powers in s 9 of the Act, where survey shows situation of the tree to be on the applicant's property, not on the respondent's property as previously accepted by both parties.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007]NSWLEC 592 Nair v Edwards [2006] NSWSC 1310

DATES OF HEARING: 10/12/2008

EX TEMPORE JUDGMENT DATE : 10 December 2008

APPLICANT Mr H. Kiernicki, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT M. P. Couto, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

10 December 2008

21043 of 2008 Kiernicki v Couto

JUDGMENT The extemporaneous decision was given on 10 December 2008. This written judgment has been edited and includes relevant observations and background information. 1 ACTING COMMISSIONER: This application was made by Mr Kiernicki, owner of 3 Emma Place, Ambarvale. The application concerns six trees that Mr Kiernicki claimed were situated on 5 Emma Place, Ambarvale, the adjoining property to the east owned by Ms Couto. The trees are growing close to the dividing fence, on Ms Couto's side of the fence. Adopting the tree numbering used in the TALC arboricultural report dated 8 July 2008, the trees in order from the rear of the property to the street are; 1. Radiata pine, 2. Cypress, 3. Cypress, 4. Eucalyptus, 5. Wild Olive, 6. Grevillea.