Newman v Eizenberg [2009] NSWLEC 1203

Land and Environment Court of New South Wales

CITATION : Newman v Eizenberg [2009] NSWLEC 1203

APPLICANT Newman, Blair & Anor PARTIES : RESPONDENT Eizenberg, Jutta

FILE NUMBER(S) : 20062 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- damage; neglect of property maintenance; compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 27 May 2009

EX TEMPORE JUDGMENT DATE : 27 May 2009

APPLICANT Blair Newman (Litigant in person)

LEGAL REPRESENTATIVES: RESPONDENT Ms M-L Taylor (Solicitor) SOLICITOR Bartier Perry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

27 May 2009

20062 of 2009

Blair and Kay Newman v Jutta Eizenberg

JUDGMENT 1 ACTING COMMISSIONER: Some components of consent orders were proposed by the parties at the on-site hearing. However, due to the conflicting evidence of expert reports, apparent lack of investigation carried out for those reports, conflicting evidence in relation to notice of damage, apparent neglect of normal property maintenance responsibilities by both parties for over 25 years, and other matters, I reserved my judgement at that time.

2 Mr and Mrs Newman (the applicant) are the owners of 31 Green Point Road, Oyster Bay. They bought their property in 1981, from Mr Newman's father who had owned it since 1972. They make an application under the Trees (Disputes Between Neighbours) Act 2006 (the Act) to rectify and prevent property damage, to prevent injury to people, and seeking compensation for various costs.