Jones v Morgan and King [2010] NSWLEC 1064

Land and Environment Court of New South Wales

CITATION : Jones v Morgan and King [2010] NSWLEC 1064

APPLICANT William Francis Jones PARTIES : RESPONDENT Geoffrey William Morgan and Judith Narelle King

FILE NUMBER(S) : 20023 of 2010

CORAM: Fakes C

TREES (NEIGHBOURS) :- Removal of trees; KEY ISSUES: Damage to property; Injury to persons

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17 March 2010

EX TEMPORE JUDGMENT DATE : 17 March 2010

APPLICANT Mr D Bell (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Advantage Lawyers

RESPONDENT Mr G Morgan and Ms J King (litigants in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

17 March 2010

20023 of 2010 Jones v Morgan and King

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 (the Act) made by Mr Jones of 56 Marine Parade, Nords Wharf against the owners of two trees growing at 54 Marine Parade. The owners of that property are Mr Morgan and Mrs King. The applicant was represented by Mr Bell, solicitor.

2 The applicant is seeking the removal of the trees as he contends that they have both caused damage to his property and could cause injury to persons. Specifically, the damage said to have been caused, to the applicant's property, by falling branches is damage to guttering, the wall of the house, ceramic floor tiles and a vehicle. The applicant contends that roots from one of the trees are damaging a retaining wall and concrete slab and could damage the house. The applicant's concerns about injury arise from his wife being struck by a piece of deadwood as she was hanging out washing and the failure of a large branch from one of the trees onto the respondents' property during a storm in June 2007 (the storm that grounded the ship the 'Pasha Bulker').