Francis v Baronian [2009] NSWLEC 1150

Land and Environment Court of New South Wales

CITATION : Francis v Baronian [2009] NSWLEC 1150

APPLICANT Janette Francis PARTIES : RESPONDENT Harry and Maria Baronian

FILE NUMBER(S) : 20081 of 2009

CORAM: Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Orders made for trees to be removed by respondent, property repairs to be made by applicant.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 29/04/2009

DATE OF JUDGMENT: 29 April 2009

APPLICANT Janette Francis, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Harry and Maria Baronian, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

29 April 2009

20081 of 2009

Janette Francis v Harry and Maria Baronian

JUDGMENT The extemporaneous decision was given on 29 April 2009. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: In the backyard of 2 Manna Place, Bossley Park, close to the southern, common boundary with the adjoining property, there is a Cotton Palm in the eastern corner, and a Cocos Palm about half way along the fence. The property 2 Manna Place is owned by Mr and Mrs Baronian. Mrs Baronian attended, and the Baronians were represented at the hearing by Mr Vic Cavasinni. The Baronians have filed a building report by Mr Edward Brincat who is a Civil Engineer, and Mr Brincat was present at the hearing.

2 Mrs Francis is the owner of 1 Manna Place, the adjoining property to the south. She makes an application under the Trees (Disputes Between Neighbours) Act 2006 to rectify and prevent property damage caused by the two Palm trees, to prevent injury to people, and seeking compensation. Mrs Francis was present at the hearing and was assisted by her two sons and her ex-husband.