Ekermawi v Bennett

Land and Environment Court (NSW)|2009-11-26|Before: Mr P

The application in its entirety is dismissed.

J Fakes Commissioner of the Court

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CITATION : Ekermawi v Bennett [2009] NSWLEC 1398

CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292

17 With respect to the leaves in the applicant's surface drain, whilst it is possible for leaves to blown some distance, the adopted tree dispute principle in Barker v Kyriakides [2007] NSWLEC 292 is relevant here. In Barker, the dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees will not ordinarily provide the basis for ordering the removal of or intervention with an urban tree. This is appropriate in this case. It is expected that some level of external housekeeping and maintenance is normal for people who live in leafy urban environments and who benefit from the environmental and aesthetic services that trees provide. 18 The orders of the Court are:

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