NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Byrnes v Ryan [2021] NSWLEC 1076 Hearing dates: 3 December 2020 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage and injury Legislation Cited: Civil Procedure Act 2005 Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Barker v Kyriakides [2007] NSWLEC 292 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of Amenity Trees Mid-Coast Council Development Control Plan Category: Principal judgment Parties: Barbara Byrnes (Applicant) Rosemary Ryan (First Respondent) David Ryan (Second Respondent) Representation: Counsel: B Byrnes (Litigant in person) (Applicant) K Abbotts (Solicitor) (Respondents)
Solicitors: Bromhead Legal (Respondents) File Number(s): 2020/249821 Publication restriction: No
Judgment 1. COMMISSIONER: This is an application, pursuant to s 7 of Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by Mrs Byrnes, in relation to a Harpephyllum caffrum (Wild Plum) (the tree) and a Syagrus romanzoffiana (Queen Palm) (the palm), located in the adjacent neighbouring property.
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