Lee v Long [2009] NSWLEC 1201

Land and Environment Court of New South Wales

CITATION : Lee v Long [2009] NSWLEC 1201

APPLICANT Lee, Ley Hoon Amy PARTIES : RESPONDENT Long, Ken & Anor

FILE NUMBER(S) : 20114 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- damage; flat metal roof.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26 May 2009

EX TEMPORE JUDGMENT DATE : 26 May 2009

APPLICANT Ley Hoon Amy Lee (Litigant in person) LEGAL REPRESENTATIVES: RESPONDENT Ken Long (Litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

26 May 2009

20114 of 2009

Ley Hoon Amy Lee v Ken and Narelle Long

JUDGMENT 1 ACTING COMMISSIONER: Ms Lee (the applicant) is the owner of 7 Poplar Court, Castle Hill. She makes an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage, to prevent injury, and seeking compensation regarding a Tallowwood tree (the tree) growing on adjoining land to the west. She seeks orders to have the tree removed, or failing that to have the branches that are over the bedrooms of her house cut back to the trunk, and for help to pay for repair to her rusting roof.

2 Ms Lee moved into her home in 1980 when the house was 15 years old. She was told the tree was planted five years before, in 1975. Her house has its original flat steel roof with concealed guttering. The roof is now 44 years old, has some rust, and she believes that it needs to be recoated or replaced. She says that the roof has leaked causing damage in the lounge rooms because leaves and twigs collect on the roof blocking flow to the gutters. She says that a branch from the tree broke a skylight on the roof in 1985. She says that a live branch about 80 mm diameter and 6-8 m long fell beside her house in 2004-5, a live branch about 50 mm diameter and 3-4 m long fell in cyclonic conditions about three weeks ago, and a dead branch about 30 mm diameter and 2.5 m long fell onto her paving last week. None of those branches caused any damage. Ms Lee fears that large branches may fall, or the whole tree may fall, causing damage to her house or injury to her family. At the hearing she pointed out some raised blocks in her paving that she thinks are caused by roots of the tree. The block paving was installed about 24 years ago.