Horvat v Golledge [2009] NSWLEC 1152

Land and Environment Court of New South Wales

CITATION : Horvat v Golledge [2009] NSWLEC 1152

APPLICANT Frank Horvat PARTIES : RESPONDENT Kevin and Dianne Golledge

FILE NUMBER(S) : 20083 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Orders made for pruning of deadwood.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 29/04/2009

DATE OF JUDGMENT: 19 May 2009

APPLICANT Frank Horvat, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Kevin and Dianne Golledge, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

19 May 2009

20083 of 2009

Frank Horvat v Kevin and Dianne Golledge

JUDGMENT This judgment was reserved. 1 ACTING COMMISSIONER: A Willow Gum tree is growing in the south-western area of the backyard of 157 Bellevue Avenue, Georges Hall. This property is owned by Kevin and Dianne Golledge. The tree was planted 24 years ago in 1985, when the Golledges' youngest child was two years old. This, and the three other gum trees on their property were planted by or for their four children. The Willow Gum tree is located about 2 m from the common boundary of the adjoining property to the southwest.

2 Mr Frank Horvat is owner, and one of the residents of 66 Carnarvon Crescent, Georges Hall, the adjoining property to the southwest. He makes an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify and prevent property damage, and to prevent injury to people. His grandson Mark Horvat is also a resident of 66 Carnarvon Crescent, Georges Hall.