Missenden v Thomson & anor [2012] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Missenden v Thomson & anor [2012] NSWLEC 1226 Hearing dates: 16 August 2012 Decision date: 16 August 2012 Jurisdiction: Class 2 Before: Fakes C Decision: Application to remove a tree upheld; application for compensation upheld in part. Catchwords: TREES [NEIGHBOURS] Damage to property; abatement likely to destabilise a tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Ms K Missenden (Applicant) Mr P and Mrs F Thomson (Respondents) Representation: Applicant: Ms K Missenden (Litigant in person) Respondents: Mr P and Mrs F Thomson (Litigants in person) File Number(s): 20705 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application made under s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owner of a property in Oyster Bay against the owners of a tree growing on an adjoining property. 2The applicant is seeking orders for the removal of the tree and compensation for the rectification of a storm water pipe said to have been damaged by the tree. The applicant requests that the respondents pay for these works and for the costs associated with obtaining expert reports. 3In her initial application, the applicant also sought compensation for damage to the western wall of her dwelling however her insurance company has agreed to meet those costs and that element of the application is withdrawn (exhibit E). 4With respect to compensation for expert reports, Commissioners do not have the jurisdiction to award such costs. A separate application by way of a Notice of Motion must be made and the matter would be heard by a Judge or Registrar of the Court.