Peterson v Azzo [2007] NSWLEC 685

Land and Environment Court of New South Wales

CITATION : Peterson v Azzo [2007] NSWLEC 685

APPLICANT Barbara Peterson PARTIES : RESPONDENT Michelle and Daniel Azzo

FILE NUMBER(S) : 20696 of 2007

CORAM: Brown C - Fakes AC

KEY ISSUES: Trees (Neighbours) :- safety

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17/10/07

EX TEMPORE JUDGMENT DATE : 17 October 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C with Fakes AC

17 October 2007

20696 of 2007 Barbara Peterson v Michelle and Daniel Azzo

JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by Ms Barbara Peterson of 6 Dandarbong Avenue Dundas concerning a Sydney Blue Gum (Eucalyptus saligna) (the tree) some 20 m in height and located close to the common boundary but within with 9 Carver Place Dundas owned by Mr Daniel and Ms Michelle Azzo.

2 Mr Robert Sutton, the Tree Management Supervisor with Parramatta City Council also attended the site.

3 The extemporaneous decision was given on site on 17 October 2007 and the judgment reflects the findings given at this time and the background documentation provided as part of the proceedings. 4 Ms Peterson's application is to require the removal of the tree as: o falling limbs from the tree have caused damage to fencing and plants, o leaves from the tree has filled the gutters of her dwelling, and o the tree is unsafe as it has bracket fungi and could fall on her dwelling. 5 No specific details of any compensation were provided beyond a cost of $30 per hour to "clean the mess".