Crannis v Flood [2007] NSWLEC 503

Land and Environment Court of New South Wales

CITATION : Crannis v Flood [2007] NSWLEC 503

APPLICANT Frederick Crannis PARTIES : RESPONDENT Terry Flood

FILE NUMBER(S) : 20564 of 2007

CORAM: Moore C

KEY ISSUES: Trees (Neighbours) - Neighbour Application :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 10 August 2007

EX TEMPORE JUDGMENT DATE : 10 August 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

10 August 2007

07/20564 Frederick Crannis v Terry Flood

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).

2. The application is made by Mr Crannis, a resident of 10 Caroline Street, Orange concerning a tree on a neighbouring property, 14 Rose Street, owned by Mr Flood.

3. The tree is a Himalayan Cedar (Cedrus deodara) (the tree) which is approximately 18 m tall. It has equally tall co-dominant leaders which join approximately 2.5 m above the ground.

4. The tree has, in the past, lost a significant branch towards Mr Crannis's property. The junction of that now removed branch and the trunk of the tree exhibits significant signs of included bark between that branch and the adjacent leader at the point of failure. This appears to have caused the failure.