Burrell v Almajd and Anor [2000] NSWLEC 24

Land and Environment Court of New South Wales

CITATION : Burrell v Almajd and Anor [2000] NSWLEC 24 APPLICANT: John Llewellyn Burrell PARTIES : RESPONDENTS: Ghass Almajd and Anor FILE NUMBER(S) : 40103 of 1999 CORAM: Talbot J KEY ISSUES: Orders :- breach of tree preservation order LEGISLATION CITED: CASES CITED: DATES OF HEARING: 06/12/99, 07/12/99 EX TEMPORE 12/07/1999 JUDGMENT DATE :

APPLICANT: Mr A Howen (Barrister) SOLICITORS: Burrell Solicitors

FIRST RESPONDENT: Mr O Stichter (Solicitor) LEGAL REPRESENTATIVES: SOLICITORS: O Stichter & Associates

SECOND RESPONDENT: Mr S Berveling (Solicitor) SOLICITORS: Abbott Tout

JUDGMENT: IN THE LAND AND Matter No. 40103 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 7 December 1999

John Llewellyn Burrell Applicant v Ghass Almajd First Respondent Sutherland Shire Council Second Respondent EX TEMPORE REASONS FOR JUDGMENT

1. HIS HONOUR: I do not propose to deliver a judgment which canvasses all of the evidence. It is fresh in the Court's mind insofar as it has recently revisited all of the issues by listening to a number of experts over the last couple of days and has been able to refresh its memory by reference to the evidence that was given on the previous days.

2. The real issues which ultimately have to be resolved are broadly, whether orders already made in matter 40158 of 1998 by consent should be supplemented and, if the Court is persuaded that those orders, on the basis of the evidence which is now before the Court, should be supplemented by further orders in these proceedings 40103 of 1999, then whether or not those orders should contemplate a formal requirement for the retention of trees 1 and 2 which are identified clearly, inter alia at least, in the plan which is annexed to the Short Minutes of Orders made in 40158 of 1998 and in various plans tendered in these proceedings as part of the separate evidence which has continued following the making of the consent orders in the other matter.