Davison v Fernandas [2008] NSWLEC 1388

Land and Environment Court of New South Wales

CITATION : Davison v Fernandas [2008] NSWLEC 1388

APPLICANT Raymond Davison PARTIES : RESPONDENT Sylvester and Celine Fernandas

FILE NUMBER(S) : 20621 of 2008

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal of trees, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 19/09/2008

EX TEMPORE JUDGMENT DATE : 19 September 2008

APPLICANT Raymond Davison, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Sylvester and Celine Fernandas, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

19 September 2008

20621 of 2008

Raymond Davison v Sylvester and Celine Fernandas

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Mr Davison purchased his home at 10 Juliet Street Charlestown in February 2008. He was aware at the time of purchase that the garage and driveway on the western side of the property at the rear of the house were in poor condition, possibly damaged by tree roots. Three trees, each with trunk of about 0.4 m diameter were growing near the garage and driveway, one evergreen tree on Mr Davison's property and two Liquidambars on the adjoining property to the west, 70 Jennifer Street, Charlestown owned by Dr Sylvester and Mrs Celine Fernandas. A fourth, smaller tree was growing on Mr Davison's property further to the north, between the driveway and fence on the western side of his house. Mr Davison has removed the two trees growing on his property.