Patrick v Szeto [2011] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Patrick v Szeto [2011] NSWLEC 1215 Hearing dates: 5 July 2011 Decision date: 05 July 2011 Jurisdiction: Class 2 Before: Hewett AC Decision: (1)The claims for compensation are refused. (2)The respondent is to engage and pay for an AQF level 3 arborist with all necessary insurances, to remove from the tree canopy all dead wood down to a basal diameter of 30mm. (3)The work in (2) is to be completed within 120 days of the date of these orders. (4)The work in (2) is to be undertaken annually within two weeks either side of the anniversary of the first pruning. Catchwords: TREES [NEIGHBOURS]; damage to property; injury to persons Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Alexander John Patrick (Applicant)

Paul David Szeto (Respondent) Representation: Alexander John Patrick (Applicant in person)

Paul David Szeto (Respondent in person) File Number(s): 20242 of 2011

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1.This is an application pursuant to s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Eastern Valley Way, Castle Cove against the owner of tree growing on an adjoining property. 2.The applicant seeks orders for the removal of branches that overhang his property from the neighbour's tree and orders to maintain the tree to prevent future damage to property. 3.The applicant also seeks orders for the payment of compensation for damage to an umbrella, a ridge cap and tile, guttering and the repair of a section of fence, and the cost of Court filing fees. 4.I informed the parties that Commissioners are not authorised to determine costs and therefore I would not be making a determination on that element of the applicants claim.