Weerasekera v Sainty [2009] NSWLEC 1417

Land and Environment Court of New South Wales

CITATION : Weerasekera v Sainty [2009] NSWLEC 1417

APPLICANT Vajira Weerasekera PARTIES : RESPONDENT P Sainty

FILE NUMBER(S) : 20644 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of Trees, Damage to property, Risk of injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 14 December 2009

EX TEMPORE JUDGMENT DATE : 14 December 2009

APPLICANT Mr V Weerasekra (litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT Ms T Buckley (litigant in person) for Ms Sainty

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

14 December 2009

20644 of 2009 Vajira Weerasekera v P Sainty

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 Mr Vajira Weerasekera of 31 Clissold Road Wahroonga against the owner of four trees growing along the rear side northern boundary of 29 Clissold Road. The owner of that property is Miss P Sainty. Miss Sainty was represented by her niece, Ms Trisha Buckley.

2 The trees are identified and numbered from west to east as 1 – Liquidambar styraciflua (Liquidambar), 2 – Pittosporum undulatum (Native Daphne), 3 – Eucalyptus scoparia (Wallangarra White Gum) and 4 – Syncarpia glomulifera (Turpentine).