Strata Plan 53247 v Hammond [2016] NSWLEC 1642

Land and Environment Court New South Wales

Medium Neutral Citation: Strata Plan 53247 v Hammond [2016] NSWLEC 1642 Hearing dates: 23 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage or injury not likely; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Category: Principal judgment Parties: Strata Plan 53247 (Applicant) Peter Hammond (Respondent) Representation: Ian Smith, agent (Applicant) Peter Hammond, litigant in person (Respondent) File Number(s): 236234 of 2016

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. The owners of Strata Plan 53247 ('the applicant') in Woolloomooloo have applied to the Court pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for the removal of three neighbouring palms. Mr Peter Hammond ('the respondent') owns the neighbouring property on which the trees grow.

The situation 1. Three Cocos Palms approximately 16 metres tall grow close to Mr Hammond's rear boundary. The applicant's apartment block to the north is approximately two metres from the boundary. The ground floor apartment, and its small external paved courtyard extending to the boundary, are at a lower level than the respondent's garden. 2. A large fig tree grows on the property to the east of Mr Hammond's. Its broad crown spreads beneath the crowns of the three palms and extends over the applicant's property. 3. The palms appear to be healthy and structurally sound. Some fronds and fruits from the palms could be seen on the ground in both the applicant's and the respondent's properties.