Crosskill v Koster

Land and Environment Court New South Wales Medium Neutral Citation: Crosskill v Koster [2014] NSWLEC 1241 Hearing dates:21 November 2014Decision date: 21 November 2014 Jurisdiction:Class 2Before: Fakes C Decision: Appeal upheld in part see paragraph [22] Catchwords: TREES [NEIGHBOURS] Damage to property, potential risk of injury; orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hinde v Anderson & anor [2009] NSWLEC 1148 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Ms F Crosskill (Applicant) Mr R Koster (Respondent) Representation: Applicant: Ms F Crosskill (Litigant in person) Respondent: Mr R Koster (Litigant in person) File Number(s):20615 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.COMMISSIONER: The applicant built her dwelling in Bellingen about 14 years ago. At the time an established Silk Floss Tree (Ceiba speciosa (syn. Chorisia speciosa)) was growing close to the common boundary - albeit smaller than its present size.The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of the tree. While the orders were not stated in the application form, at the on-site hearing the applicant stated that she would be very disappointed if anything other than removal were to be ordered.The respondent, who purchased the adjoining property on which the tree is growing about five years ago, does not want...