Benedetti v Seldon & anor [2009] NSWLEC 1019

Land and Environment Court of New South Wales

CITATION : Benedetti v Seldon & anor [2009] NSWLEC 1019

APPLICANT M Benedetti PARTIES : RESPONDENTS P & T Seldon

FILE NUMBER(S) : 21088 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Trees on boundary

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Brown & anor v Weaver [2007] NSWLEC 738

DATES OF HEARING: 21 January 2009

EX TEMPORE JUDGMENT DATE : 21 January 2009

APPLICANT Ms W Cannon, agent LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

21 January 2009

21088 of 2008 M Benedetti v P & T Seldon

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: In this matter, when we arrived at the site, it appeared to us that each of the two trees which are subject of the application were located in the vicinity of the boundary between the applicant's property and the respondents' property.

2 Near these two trees, there are two elements of boundary fencing. There is a very dilapidated (and almost entirely fallen over) short section of single railing fixed to posts closer to the street and in the immediate vicinity of the smaller of the two trees. Because of its state, this fence provided us with no assistance in considering where might be the boundary between the two properties.