Ellis v Moon [2008] NSWLEC 1144

Land and Environment Court of New South Wales

CITATION : Ellis v Moon [2008] NSWLEC 1144

APPLICANT Eric & Elaine Ellis PARTIES : RESPONDENT G Moon

FILE NUMBER(S) : 21318 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Pruning of a tree, possible damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 01/04/2008

EX TEMPORE JUDGMENT DATE : 1 April 2008

APPLICANT Eric & Elaine Ellis, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT G Moon, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

1 April 2008

21318 of 2007

Eric & Elaine Ellis v G Moon

JUDGMENT The decision was given at the hearing on 1 April 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: If you hit a six from the little cottage in Cootamundra where Don Bradman was born, the ball might easily hit the branches of the nearby Plane tree and drop onto the garage below. That garage belongs to Mr and Mrs Ellis, and the Plane tree grows in Mr Moon's backyard.

2 Mr and Mrs Ellis keep their shrubs pruned to the boundaries so they do not intrude on their neighbours. They do not want Mr Moon's Plane tree pruned back to the boundary but they are concerned about the 5 m overhang of their garage, carport and garden shed, the rapid growth of the tree, and the possible damage if a branch broke.

3 The Plane tree grows at Mr Moon's family home. His father had pollarded the tree at about 3 m height in the past. It had regrown to its present size of about 14 m high and 14 m spread when Mr Moon moved back into the house 18 years ago. Mr Moon had the tree pollarded more than 10 years ago but has let it grow since then.