Barker v Kyriakides [2007] NSWLEC 292

Barker v Kyriakides [2007] NSWLEC 292

None of the statutory tests for intervention under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied as there is no evidence that the trees in question (small trees and the large eucalypt) are causing, have caused, or are likely to cause damage, nor do they pose a risk of injury. Routine maintenance burdens from urban trees are insufficient grounds for relief.

Parties
Applicant: Keith Barker; Respondent: Phillip Kyriakides; Intervenor: Gosford City Council
Jurisdiction
Australia
Judgment Date
24 May 2007
Procedural Posture
Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Final Decision
Outcome
Application dismissed
Legal Topics
Urban Trees, Ordinary Maintenance, Tree Disputes Between Neighbours
Environment and Planning Law Urban Trees Ordinary Maintenance Tree Disputes Between Neighbours

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Parties

Keith Barker

Applicant

Phillip Kyriakides

Respondent

Gosford City Council

Intervenor

Procedural Posture

Neighbour Application Under Trees (disputes Between Neighbours) Act 2006 / Ex Tempore Judgment Final Decision

Legal Issues

  1. 1 Whether small trees near boundary are causing or likely to cause damage to property
  2. 2 Whether a large eucalypt tree's dropping of leaves and minor debris constitutes grounds for removal or compensation under the Act

Ratio Decidendi

None of the statutory tests for intervention under s 10(2) of the Trees (Disputes Between Neighbours) Act 2006 are satisfied as there is no evidence that the trees in question (small trees and the large eucalypt) are causing, have caused, or are likely to cause damage, nor do they pose a risk of injury. Routine maintenance burdens from urban trees are insufficient grounds for relief.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.