Azzopardi v NSW Land and Housing Corporation [2011] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Azzopardi v NSW Land and Housing Corporation [2011] NSWLEC 1234 Hearing dates: 29 July 2011 Decision date: 29 July 2011 Jurisdiction: Class 2 Before: Hewett AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS]; damage to property; risk of injury; unsatisfactory report by expert Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakidis [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Mr J Azzopardi (Applicant)

NSW Land and Housing Corporation (Respondent) Representation: J Azzopardi (Applicant in Person)

Mrs J Isgro (Solicitor for the Respondent) File Number(s): 20317 of 2011

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1This is an application pursuant to s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by Mr J Azzopardi, the owner of a property in Popondetta Road, Whalan, against the owner of a tree growing on an adjoining property managed by the NSW Land and Housing Corporation. 2Mr J Azzopardi's son assisted the applicant at the hearing. 3The respondent was represented by Mrs J Isgro, solicitor. 4The applicant seeks orders for the removal of a gum tree growing in the rear garden of the respondent's property. He also seeks compensation in the amount of $4,284 for the repair of his roof gutter and external and internal tiling. 5The applicant says the risk of the tree falling onto his property is extremely high and that he is unable to sleep at night especially during windy weather. 6The applicant contends that roots from the respondent's tree have cracked and lifted tiling on the northeast corner of his patio. 7The applicant also contends that the tiles surrounding the drain waste in his bathroom are cracked and partially raised as a result of the respondent's tree roots. 8Finally, the applicant contends that leaves and debris from the respondent's tree have filled, blocked and damaged the veranda gutter on the eastern side of his dwelling to the point that the guttering needs to be replaced. He contends similar damage has occurred to the gutter on the western side of his dwelling.