Cleminson v Nussbaum

Land and Environment Court New South Wales Medium Neutral Citation: Cleminson v Nussbaum & anor [2015] NSWLEC 1497 Hearing dates:30 November 2015Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Possible future damage; insufficient evidence Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category:Principal judgmentParties: Ms C Cleminson (Applicant) Ms R and Mr W Nussbaum (Respondents) Representation: Applicant: Ms Cleminson (Litigant in person) Respondents: Mr Nussbaum (Litigant in person) File Number(s):20686 of 2015JudgmentThis 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 Rose Bay against the owners of trees growing on an adjoining property. The applicant is seeking orders to remove all trees and shrubs growing adjacent to the side passageway of her property and to kill all roots remaining in the ground, or in the alternative, for the relining of sewer pipes as indicated in a quote from Omega plumbing. The trees the subject of the application are a row of clumping bamboo and a frangipani. There are other...