Haines v McNally [2007] NSWLEC 202

Land and Environment Court of New South Wales

CITATION : Haines v McNally [2007] NSWLEC 202

APPLICANTS P & L Haines PARTIES : RESPONDENTS P & L McNally

FILE NUMBER(S) : 20088 of 2007

CORAM: Moore C - Fakes AC

KEY ISSUES: Trees (Neighbours) :-

DATES OF HEARING: 11 April 2007

EX TEMPORE JUDGMENT DATE : 11 April 2007

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

11 April 2007

07/20088 P & L Haines v P & L McNally

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/

JUDGMENT 1 THE COMMISSIONERS: This is an application, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act), made by Mr and Mrs Haines, the owners of the property at 35 Shamrock Parade, Killarney Heights. The application concerns a Himalayan Cedar (Cedrus deodara)(the cedar) located at 33 Shamrock Parade adjacent to the slightly downhill, southwestern boundary of 35 Shamrock Parade. The application is for the removal of the cedar.