Gough v O’Sullivan [2009] NSWLEC 1027

Land and Environment Court of New South Wales

CITATION : Gough v O'Sullivan [2009] NSWLEC 1027

APPLICANT Beverly Gough PARTIES : RESPONDENT Maureen O'Sullivan

FILE NUMBER(S) : 21085 of 2008

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of two trees, risk of injury to persons and damage to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15/01/2009

EX TEMPORE JUDGMENT DATE : 15 January 2009

APPLICANT Ms B. Gough, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms M. O'Sullivan, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 January 2009

21085 of 2008

Beverly Gough v Maureen O'Sullivan

JUDGMENT The extemporaneous decision was given on 15 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Two large Tallowwood trees (Eucalyptus microcorys) are growing in the yard of unit 4/62-64 Cambridge Street, Penshurst. The property is owned by Miss O'Sullivan. The trees are in the north-eastern corner of her yard, which is in the north-eastern corner of the strata complex at 62-64 Cambridge Street.

2 Mrs Gough is the owner of unit 8/64A-66 Cambridge Street, Penshurst, the adjoining property to the north. She has made an application under the Trees (Disputes Between Neighbours) Act 2006 on the basis of damage and likelihood of injury, and seeks orders for removal of the two trees.