Jones v Shelley

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Jones v Shelley & anor [2016] NSWLEC 1037 Hearing dates:15 January 2016Date of orders: 10 February 2016 Decision date: 10 February 2016 Jurisdiction:Class 2Before: Durland AC Decision: The application is upheld Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) (2009) Cases Cited: Liang & anor v Marsh & anor [2011] NSWLEC1026 Category:Principal judgmentParties: G Jones (Applicant) J Shelley and A Shelley (Respondents) Representation: G Jones, litigant in person (Applicant) J Shelly and A Shelley, litigants in person (Respondents) File Number(s):20937 of 2015Judgment This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning two Ficus benjamina (Weeping Fig) trees located on the respondents’ property at Avoca Beach. The trees are located on the rear boundary of the respondents’ (Mr and Mrs Shelley) property adjacent the rear side boundary of the applicant’s property. Tree 1 (T1) is a multi-trunked (co-dominant trunks from the base) tree located in the eastern corner of the respondents’ property close to the Colorbond fence that runs along the boundary with the applicant’s (Mr Jones) property. The trunk is in excess of 900mm in diameter at the base and the broad canopy is asymmetrical with the significantly larger portion overhanging the applicant’s rear yard. I note that a second application in regard to T1 is before the court and was also considered at the on-site hearing. The applicant, Mrs Kitching, owns...