Ramplin v Pink [2008] NSWLEC 1200

Land and Environment Court of New South Wales

CITATION : Ramplin v Pink [2008] NSWLEC 1200 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT John Ramplin PARTIES : RESPONDENT Kimberley Pink

FILE NUMBER(S) : 21342 of 2007

CORAM: Thyer AC

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

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 08/05/2008

EX TEMPORE JUDGMENT DATE : 8 May 2008

APPLICANT Mr J. Loughnan, solicitor of Harris Wheeler Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Evers, solicitor of Michael Evers & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

8 May 2008

21342 of 2007 John Ramplin v Kimberley Pink

JUDGMENT The decision was given at the hearing on 8 May 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: Mr Ramplin and his neighbour Mr Pink live in older, modest cottages in Steel Street, Redhead, a beachside village near Newcastle. Mr Ramplin's front yard has no trees and the lawn is neatly kept.

2 Mr Pink and his family have native trees in their yard. Their largest tree is a Blue Gum about 12 m tall, planted 22 years ago to commemorate the birth of their first child. This tree, growing close to the common boundary in the front yard is the cause of Mr Ramplin's concerns.