Gough v O’Sullivan [2009] NSWLEC 1341

Land and Environment Court of New South Wales

CITATION : Gough v O'Sullivan [2009] NSWLEC 1341 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Beverley Gough PARTIES : RESPONDENT Maureen O'Sullivan

FILE NUMBER(S) : 20468 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Gough v O'Sullivan [2009] NSWLEC 1027 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 8 October 2009

EX TEMPORE JUDGMENT DATE : 8 October 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C 8 October 2009

20468 of 2009 Beverley Gough v Maureen O'Sullivan

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Beverley Gough of 8/64A-66 Cambridge Street Penshurst against the owner of two trees growing in the rear garden of 4/62-64 Cambridge Street. The owner of that property is Ms Maureen O' Sullivan.

2 This is the second application under this Act made by Mrs Gough with respect to these trees. The first application was heard by AC Thyer on 15 January 2009 [Gough v O'Sullivan [2009] NSWLEC 1027]. AC Thyer made a number of orders relating to the trees, specifically that the respondent was to obtain a report from an AQF level 5 arborist as to the health, safety and structural stability of the trees and for the removal of all dead wood down to a diameter of 20 mm. A copy of the tree report was to be given to the applicant.