Stratigos v Rosen [2007] NSWLEC 786

Land and Environment Court of New South Wales

CITATION : Stratigos v Rosen [2007] NSWLEC 786

APPLICANT Steve and Carole Stratigos PARTIES : RESPONDENT Mrs Jeanette Rosen

FILE NUMBER(S) : 20821 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- removal of tree, risk of injury to people, damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 13/11/2007

EX TEMPORE JUDGMENT DATE : 13 November 2007

APPLICANT Mr and Mrs Stratigos, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs Rosen, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

13 November 2007

20821 of 2007 Stratigos v Rosen

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning one tree (the tree) situated near the southern boundary of 143 Blackbutts Road (aka 2A Hakea Avenue) Frenchs Forest (the property). The property is owned by Mrs Rosen. 2 The tree is a Ficus benjamina. 3 The application has been made by Mr and Mrs Stratigos (the Stratigos), owners of 6 Kambora Avenue, Frenchs Forest, the adjoining property to the south of the tree. 4 The Stratigos seek orders from the Court that the tree be removed by the owner of the property in order to avoid risk of injury to people, and to rectify or prevent damage to the applicant's property. 5 The relevant provisions of s 10(2) of the Act require that the Court be satisfied that one or more of four conditions are met, with respect to each tree subject of an application, before the Court has jurisdiction to consider the application concerning that tree.