Owen & Anor v Mason & Anor [2011] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Owen & Anor v Mason & Anor [2011] NSWLEC 1301 Hearing dates: 21 October 2011 Decision date: 21 October 2011 Jurisdiction: Class 2 Before: Fakes C; Galwey AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; obstruction of light; hedge pruned prior to hearing; damage to property insufficient to warrant an order against the respondents Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Wisdom v Payne [2011] NSWLEC 1012 Category: Principal judgment Parties: Mr R Owen (First Applicant) Ms Y Owen (Second Applicant) Mr C Mason (First respondent) Ms S Mason (Second respondent) File Number(s): 20620 of 2011

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONERS: This is an application pursuant to s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Burraneer against the owners of approximately 53 trees growing on adjoining land.

Part 2 2Dealing with Part 2 first, the applicants contend that roots of one of the trees, nominated as T4, a X Cupressocyparis leylandii 'Castlewellan Gold' (Leyland Cypress) has lifted pavers on their property and has therefore caused damage. They are concerned that further damage may arise from trees T1-T8 and that these trees may cause damage to their house. They are also concerned that the lifted pavers could be a trip hazard for anyone using the side path. 3The orders the applicants seek are based on an arborist report by Jackson's Nature Works undertaken on 7 June 2011: that the pavers be lifted, roots removed, pavers re-laid and a root barrier installed.