Pickford v Hatzidimitrion [2012] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: Pickford v Hatzidimitrion [2012] NSWLEC 1023 Hearing dates: 9 February 2012 Decision date: 09 February 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application to remove trees dismissed 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 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Barker v Kryiakides [2007] NSWLEC 292 Inbari & anor v Rankin [2010] NSWLEC 1236 Lazarus v Le [2010] NSWLEC 1118 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Zangari v Miller (No 2) [2010] NSWLEC 1093 McCallum v Riordan & anor [2011] NSWLEC 1009 Hinde v Anderson & anor [2009] NSWLEC 1148 Category: Principal judgment Parties: G & K Pickford (Applicants) D & V Hatzidimitrion (Respondents) Representation: Applicants: G & K Pickford (Litigants in person) Respondents: Mr D Hatzidimitrion (Litigant in person) File Number(s): 20956 of 2011

Judgment This decision was given as an oral decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application pursuant to s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Elermore Vale against the owners of two trees growing on an adjoining property. 2The applicants are seeking Court orders for the removal of the two trees. The application is based on the following contentions: * Possible damage to the driveway/pathway by tree roots; * Actual and future damage to the slab of a building used as a hair salon by the roots of the trees; * Risk of injury and damage as a result of the trees falling onto the applicants' property, particularly in high winds; * Risk of damage and injury from overhanging and falling branches; * Leaf and twig drop onto gutters, paving, and the pool; * Slipping hazards associated with fallen leaves; and * Staining of the paving by the dropping of sap. 3The respondents contend that the damage to the paving/ driveway could be due to the parking of vehicles or the fact that the property is located in a mine subsidence area.