Crosskill v Koster

Land and Environment Court New South Wales Medium Neutral Citation: Crosskill v Koster [2015] NSWLEC 1062 Hearing dates:20 March 2015Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction:Class 2Before: Fakes C Decision: See [8]-[9] Catchwords: PRACTICE AND PROCEDURE: request to vary Court orders; extension of time for pruning works Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Crosskill v Koster [2014] NSWLEC 1241 Category:Procedural and other rulingsParties: Ms F Crosskill (Applicant) Nr R Koster (Respondent) Representation: Counsel: Applicant: Ms F Crosskill (Litigant in person) Respondent: Mr R Koster (Litigant in person) Solicitors: File Number(s):20615 of 2014EX TEMPORE Judgment COMMISSIONER: The respondent Mr Koster, by way of notice of motion, seeks leave to vary orders made in the matter of Crosskill v Koster [2014] NSWLEC 1241 heard and determined on 21 November 2014. The matter related to an application made by Ms Crosskill pursuant to s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 seeking orders for the removal of a large Silk Floss tree growing on Mr Koster’s property. The original application was made on the basis that branches had fallen from the tree causing damage to her property. Ms Crosskill was also concerned that future branch failure could cause more damage or could cause injury to anyone on her property. After hearing from the parties and inspecting the tree and other evidence, I determined that removal of the tree was unnecessary at that stage but the removal of deadwood and two...