Jefford v Shubert [2007] NSWLEC 547

Land and Environment Court of New South Wales

CITATION : Jefford v Shubert [2007] NSWLEC 547

APPLICANT Gabriela Jefford PARTIES : RESPONDENT Brian Shubert

FILE NUMBER(S) : 20593 of 2007

CORAM: Hussey C

KEY ISSUES: Trees (Neighbours) :- Removal of tree, damage to neighbouring pergola and retaining wall, compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 22/08/2007

EX TEMPORE JUDGMENT DATE : 22 August 2007

APPLICANT Ms G. Jefford, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr and Mrs Shubert, litiants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

22 August 2007

20593 of 2007 Gabriela Jefford v Brian Shubert This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is Matter No. 20593 of 2007 and it is an application under s 7 of the Trees (Disputes between Neighbours) Act 2006. The application is made by Mrs G. Jefford of No. 2/5 Beunavista Drive, Bilambil Heights concerning trees on a neighbouring property owned by Mr & Mrs Shubert and the address of this property (subject property) is No. 2 Nairana Court, Bilambil Heights.

2 The main tree, which is the subject of this application is a large privet tree that is situated approximately 1 metre inside the subject property and adjacent to the applicants rear pergola area. The applicant claims that the branches from the privet tree that overhang the common boundary have broken part of the pergolas alsynite roof and the cost of repairs should be paid by Mr & Mrs Schubert. Although it has been clarified today that some of this alleged damage was caused by a pointcentia tree that previously existed in the rear of the property and that has been removed.