Gossayn v Barakat

Land and Environment Court New South Wales Medium Neutral Citation: Gossayn & anor v Barakat [2015] NSWLEC 1006 Hearing dates:19 January 2015Decision date: 19 January 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is upheld in part Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage, injury, deadwood, tree pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Smith and Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category:Principal judgmentParties: Mr and Mrs Gossayn (Applicants) Mr Itidal Barakat (Respondent) Representation: Counsel: Mr and Mrs Gossayn (Applicants in person) Mr Mouhamad Mourtada (Respondent) Solicitors: H.K Husseini & Co. Solicitors (Respondent) File Number(s):20737 of 2014This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Judgment This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The application has been made by Mr and Mrs Gossayn (the applicants), the owners of a property in the suburb of Ruse. The applicants are seeking orders in relation to two Eucalyptus eugenioides (Stringybarks) trees located on an adjacent property to the rear. The property where the trees are growing is owned by Ms Barakat (the respondent). Orders are sought for the removal of Tree 1 and for the pruning of Tree 2. Tree 1 and Tree 2 are located at the rear of the respondent’s property near the common boundary with the applicant’s property. Tree 1 is located approximately 1 metre from the boundary...