Murphy v Maggio

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Murphy v Maggio [2014] NSWLEC 1166 Hearing dates:12 August 2014Decision date: 21 August 2014 Jurisdiction:Class 2Before: Galwey AC Durland AC Decision: The application is upheld. See orders at paragraph (23) Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; application upheld; tree removal ordered Legislation Cited: Trees (Disputes Between neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Category:Principal judgmentParties: P Murphy (Applicant) N Maggio (Respondent) Representation: P Murphy, litigant in person (Applicant) N Maggio, litigant in person (Respondent) File Number(s):20291 of 2014 JudgmentThe ApplicationThis is a decision of both Acting Commissioners.An application has been made by Mr Murphy (the applicant), a property owner and resident in Caringbah, in relation to the mature Eucalyptus racemosa (Scribbly Gum) located near the common side boundary with, and within the front yard of, the adjacent property to his south. The tree is approximately 20 metres in height and has a trunk diameter exceeding one metre. Mr Murphy has applied to the Court pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) seeking orders for the removal of the tree. The owner of the tree, Mr Maggio (the respondent), is now in agreement that the tree should be removed, despite earlier wanting to retain it. Mr Murphy wants the tree removed as he states that the tree has a history of limb drop and he is concerned about further damage to his dwelling and possible...