Burbridge v Gounakis

Land and Environment Court New South Wales Medium Neutral Citation: Burbridge v Gounakis & anor [2016] NSWLEC 1275 Hearing dates:1 July 2016Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction:Class 2Before: Fakes C Decision: Pruning ordered see [17] Catchwords: TREES [NEIGHBOURS] Damage to property; potential injury Legislation Cited: Trees (Disputes Between neighbours ) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Cecily Burbridge (Applicant) Dimitri and Kathy Gounakis (Respondents) Representation: Applicant: Mr D Burbridge (Agent) Respondents: Mr D and Mrs K Gounakis (Litigants in person) File Number(s):151992 of 2016JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: This is an application pursuant to s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Ryde against the owners of a Liquidambar growing on an adjoining property. The applicant seeks orders for the removal of the tree on the basis that branches falling from it have caused damage to her property and future failures could cause further damage or injury. In the alternative, if removal is not ordered, pruning to the boundary is requested. The respondents do not wish to remove what they say is a healthy tree and have offered to contribute 50% of the costs of pruning. Although not stated in the application claim form, the applicant’s agent, her son, sought reimbursement for the cost of the application to the Court. Commissioners...