P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128

Land and Environment Court of New South Wales

CITATION : P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128

APPLICANT P. Baer Investments Pty Limited PARTIES : RESPONDENT University of New South Wales

FILE NUMBER(S) : 20083 of 2007

CORAM: Moore C - Fakes AC

Trees (Neighbours) :- Damaged sewer line KEY ISSUES: Compensation for past damage Cost of future prevention .

CASES CITED: Hornsby Shire Council v Malcolm (1986) 60 LGRA 429

DATES OF HEARING: 15 March 2007

EX TEMPORE JUDGMENT DATE : 15 March 2007

APPLICANT Mr P Baer, director

LEGAL REPRESENTATIVES: RESPONDENT Mr G Mulligan Manager, Building & Grounds UNSW Facilities Management

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

15 March 2007

07/20083 P. Baer Investments Pty Limited v University of New South Wales

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 . These orders are not reproduced as part of this decision but a copy the Court's orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/