Burgess v Varlow

Land and Environment Court New South Wales Medium Neutral Citation: Burgess v Varlow [2015] NSWLEC 1457 Hearing dates:10 November 2015Date of orders: 10 November 2015 Decision date: 10 November 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS]: Damage to property; debris Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Ms L Burgess (Applicant) Mr R Varlow (Respondent) Representation: Applicant: Ms L Burgess (Litigant in person) Respondent: Mr R Varlow (Litigant in person) File Number(s):20655 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The applicant owns a property in Illawong in the Sutherland Shire. She has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of a Melaleuca bracteata goring on an adjoining property. The respondent does not wish to remove the tree as he values it for the shade and amenity it affords his property. The orders are sought on the basis that the leaf drop from the tree has caused damage to the applicant’s property in particular – rotting of the roof battens, damage to the sarking beneath the tiles, and staining of the garage ceiling. The applicant is also concerned that future damage may be caused to other areas of the...