Ebsworth v Migachov

Land and Environment Court New South Wales Medium Neutral Citation: Ebsworth v Migachov [2014] NSWLEC 1157 Hearing dates:12 August 2014Decision date: 12 August 2014 Jurisdiction:Class 2Before: Galwey AC Durland AC Decision: The application is dismissed Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; debris; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Category:Principal judgmentParties: APPLICANT Ninett Ebsworth RESPONDENTS Yvette MigachovAlex Migachov File Number(s):20331 of 2014 JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.The applicationThis is a decision of both Acting Commissioners. Ms Ebsworth has applied to the Court pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") seeking orders for neighbouring trees to be pruned. The trees are Lilly Pillies planted adjacent to the common boundary and overhanging Ms Ebsworth's pool and surrounding paving. She says berries and other debris from the trees have dropped onto her property, that they have damaged her pool cleaning equipment and that they cause a risk of injury to family members using the paved area. She wants the trees pruned down to a manageable height, approximately 2 metres, and overhanging limbs pruned back to the boundary. She seeks orders for ongoing pruning to maintain the trees at this size. Mr and Mrs Migachov own the neighbouring property on which the trees grow. They have not filed any response to Ms Ebsworth's...