Storos v Pantehis [2009] NSWLEC 1325

Land and Environment Court of New South Wales

CITATION : Storos v Pantehis [2009] NSWLEC 1325

APPLICANT Clare Storos PARTIES : RESONDENT Kerri Pantehis

FILE NUMBER(S) : 20451 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Pruning of tree, damage to property and risk of injury to person(s)

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15 September 2009

EX TEMPORE JUDGMENT DATE : 15 September 2009

APPLICANT Clare Storos (litigant in person) LEGAL REPRESENTATIVES:

RESONDENT Kerri Pantehis (litigant in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 September 2009

20451 of 2009 Clare Storos v Kerri Pantehis

JUDGMENT 1 A Bangalay tree (the tree) is growing in the backyard of 112 Dean Street, South Strathfield which is owned by Mrs Pantehis. The trunk of the tree is located about 5 metres from the common boundary with the adjoining land to the east. A few live branches of about 50 mm diameter, at about 15 metre height, overhang the common boundary by about 2 metres. Mr Shephard, an arborist who has inspected and pruned the tree for Mrs Pantehis, attended the hearing.

2 Mrs Storos is the owner of the adjoining land to the east. She has made an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify or prevent property damage and to prevent risk of injury.

3 She seeks orders for the overhanging limbs and branches to be lopped or removed in order to reduce the amount of debris that falls on to her property particularly during periods of high wind.