Van Hoorn v Sullivan & anor [2013] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Van Hoorn v Sullivan & anor [2013] NSWLEC 1111 Hearing dates: 25 June 2013 Decision date: 25 June 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Damage to property, injury to persons; Hedge - obstruction of views and sunlight Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus [2012] NSWLEC 192 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Walter Van Hoorn (Applicant) Robert and Margaret Sullivan (Respondents) Representation: Applicant: Mr D Shannon (Solicitor) Respondent: Mr S Williams (Solicitor) Applicant: Searson Shannon & Co Pty Ltd Respondents: Donovan Oats Hannaford Lawyers File Number(s): 20212 of 2013

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: This is an application pursuant to both s7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Port Macquarie against the owners of trees growing on an adjoining property.

The Part 2 Application 2The applicant contends that debris, particularly small leaflets, from a Caesalpinia ferrea (Leopard Tree) has caused damage to parts of his pool filtering system. He is concerned that there will be future damage to his property unless the tree is removed. 3The applicant also contends that the woody fruits of the tree falling onto the paved terrace near the pool cause injure someone if the pods fell on someone or if someone slipped on them. 4The respondents do not wish to remove the tree.