Beales v Hamilton

Land and Environment Court New South Wales Case Title: Beales v Hamilton Medium Neutral Citation: [2014] NSWLEC 1257 Hearing Date(s): 05 December 2014 Decision Date: 05 December 2014 Jurisdiction: Class 2 Before: Durland AC Decision: The application is dismissed Catchwords: Trees (Disputes Between Neighbours); damage; injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: R Beales (Applicant) M Hamilton (Respondent) Representation - Solicitors: R Beales, litigant in person (Applicant) M Hamilton, litigant in person (Respondent) File Number(s): 20729 of 2014 JUDGMENTThis is an application made pursuant to s7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The application has been made by Mr Beales, a property owner and resident in Mt Annan, in relation to five trees located on the adjoining property.For the purpose of documenting this decision the trees will be referred to in accordance with the numbering used on the site plan that is included in the application. Tree 1 (T1) is a Eucalyptus scoparia (Wallangarra White Gum) located in the rear corner of the respondent's (Mr Hamilton) property near the common side boundary with the applicant's property. Tree 2 (T2) is a Eucalyptus tereticornis (Forest Red Gum) located centrally within the respondent's rear yard.Trees 3 (T3), 4 (T4) and 5 (T5) are Banksia integrifolia (Coastal Banksias) and are located...