Manton v The Owners Strata Plan No. 40735

Land and Environment Court New South Wales Medium Neutral Citation: Manton v The Owners Strata Plan No. 40735 [2015] NSWLEC 1496 Hearing dates:20 November 2015Date of orders: 20 November 2015 Decision date: 20 November 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is upheld. Catchwords: Trees (Disputes Between Neighbours); insects; damage; injury; deadwood; tree pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Clune v Falconer [2008] NSWLEC 1458 Dooley v Newell [2007] NSWLEC 715 Moase v McMahon [2010] NSWLEC 1123 Robson v Leischke [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: H Manton (Applicant) The Owners Strata Plan No. 40735 (Respondent) Representation: H Manton, litigant in person (Applicant) H Kowal, Bannermans Lawyers (Respondent) File Number(s):20678 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a Eucalyptus saligna (Sydney Blue Gum) tree located on the respondent’s property at Northmead. The tree is located in the south western corner of the respondent’s property close to the common boundary fence with the applicant’s property. The applicant has owned her property since 2009 and the pool located under part of the canopy of the tree was constructed in 2013. The applicant is seeking orders for the removal of the Sydney Blue Gum. The applicant contends that the tree has caused damage to her...