Haddad v Fisher

Land and Environment Court New South Wales Medium Neutral Citation: Haddad v Fisher [2015] NSWLEC 1278 Hearing dates:27 July 2015Date of orders: 27 July 2015 Decision date: 27 July 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application dismissed Catchwords: [TREES] NEIGHBOURS: Damage to property; injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Mr G Haddad (Applicant) Ms E Fisher (Respondent) Representation: Applicant: Mr G Haddad (Litigant in person) Respondent: Mr A Fisher (Agent) File Number(s):20274 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The parties in this matter own adjoining properties in Castle Hill. 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 a tree growing on the respondent’s property. The orders are sought of the basis of the potential damage the tree may do, as a consequence of stem and or branch failure, to the dividing fence and to property on the applicant’s land. The applicant also contends that pollen falling from the tree has blocked his pool filter and that pollen settles on other parts of his property. In addition, the applicant claims that the pollen causes allergies and that any limbs or stems that may fall onto his...