Zadel v Cox [2012] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Zadel v Cox [2012] NSWLEC 1040 Hearing dates: 24 February 2012 Decision date: 24 February 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application to remove tree dismissed; pruning ordered Catchwords: TREES [NEIGHBOURS] Damage to property; injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Category: Principal judgment Parties: Mr M Zadel (Applicant) Ms A Cox (Respondent) Representation: Applicant: Mr M McHugh (Agent) Respondent: Ms S Zadel (Agent) File Number(s): 21163 of 2011

Judgment 1COMMISSIONER: This is an application under s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Heathcote against the owner of mature Eucalyptus botryoides (Southern Mahogany) growing on an adjoining property. 2The applicant is seeking the removal of the tree on the basis that over a number of years, dead branches falling from the tree have broken many roof tiles. In one instance in March 2011, branches fell from the tree in a storm, tiles were broken, and as a result, water damage occurred to the house necessitating an insurance claim. Since that storm, the applicant alleges that further damage has been caused to the roof. The applicant is also concerned that falling branches may injure anyone on his property. The applicant is not seeking any compensation for any damage. 3The respondent obtained an arborist's report from Moore Trees. The respondent stands by the recommendation in that report that after an initial cleanout of dead wood, the tree should be reinspected every 2 years.