Kitching v Shelley

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Kitching v Shelley & anor [2016] NSWLEC 1036 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: Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: R Kitching (Applicant) J Shelley and A Shelley (Respondents) Representation: R Kitching, litigant in person (Applicant) J Shelly and A Shelley, litigants in person (Respondents) File Number(s):20990 of 2015Judgment This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a Ficus benjamina (Weeping Fig) tree located on the respondents’ property at Avoca Beach. The Weeping Fig is located in the eastern corner at the rear of the respondents’ (Mr and Mrs Shelley) property adjacent the rear boundary of the applicant’s property. The trunk is in excess of 900mm in diameter at the base and the broad canopy is asymmetrical with the larger portion overhanging the rear yard of the property directly to the south of the applicant’s property. That property is owned by Mr Jones. The majority of the canopy that was overhanging the applicant’s (Mrs Kitching) property has been pruned back at some time in the past few years. I note that a second application in regard to the tree is before the court and was also considered at the on-site hearing....