Crinion v Davidson [2018] NSWLEC 1664

Land and Environment Court New South Wales

Medium Neutral Citation: Crinion v Davidson [2018] NSWLEC 1664 Hearing dates: 6 December 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Class 2 Before: Douglas AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; apprehension of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Keith Patrick Crinion (Applicant) Len Davidson (Respondent) Representation: K Crinion, litigant in person (Applicant) L Davidson, litigant in person (Respondent) File Number(s): 2018/284522 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. ACTING COMMISSIONER: This is an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Act) by Mr Crinion of Baulkham Hills, relating to a Lemon Scented Gum (Corymbia citriodora) (the tree) located in the adjacent neighbouring property.

Background 1. The respondent, Mr Davidson, purchased his property about 41 years ago, and planted the tree about a metre from the rear yard southern side boundary that adjoins Mr Crinion's property (the boundary), prior to building his house. This boundary runs approximately east – west, and is currently delineated by a steel panel fence. 2. The tree is now mature. It stands approximately 18 metres tall with a largely symmetrical canopy spread of about 15 metres, and its branches extend over parts of Mr Crinion's rear yard by about seven metres. 3. A 'granny flat' was built in Mr Crinion's rear yard more than 12 years ago close to the tree. It is located parallel to and about 1.3 metres from the boundary, and is about eight metres long. Its foundation is a concrete slab and the outer wall is brick construction. 4. The tree is positioned perpendicular to a point on the northern wall of the 'granny flat' about three metres from its western end, where the tree base is about 2.3 metres from the wall.