Giffin v Scott [2008] NSWLEC 1511

Land and Environment Court of New South Wales

CITATION : Giffin v Scott [2008] NSWLEC 1511

APPLICANT William Giffin PARTIES : RESPONDENT Carole Scott

FILE NUMBER(S) : 20960 of

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Applicant ordered to obtain tree inspection and report of their cost. Applicant ordered not to contact respondent in relation to general matter concerning the tree for at least five years.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 10/12/2008

EX TEMPORE JUDGMENT DATE : 10 December 2008

APPLICANT Mr W Giffin, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms C Scott, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

10 Decemeber 2008

20960 of 2008 William Giffin v Carole Scott The extemporaneous decision was given on 10 December 2008. This written judgment has been edited and includes relevant observations and background information.

JUDGMENT 1 ACTING COMMISSIONER: This application concerns one Grey Gum tree situated on Mrs Scott's property at 96 Morshead drive, Connells Point. The tree is located about 5 m to the south of the common boundary with Mr Giffin's adjoining property at 94 Morshead Drive, Connells Point. Mr Giffin has resided at his property for 36 years, and Mrs Scott has resided at her property for 34 years. The Grey Gum and another Grey Gum closer to Mrs Scott's home were on her land and of a mature size when she bought the property. The tree is likely to be a remnant native tree.