Ridley v Gyler [2007] NSWLEC 220

Land and Environment Court of New South Wales

CITATION : Ridley v Gyler [2007] NSWLEC 220

APPLICANT Bruce Ridley PARTIES : RESPONDENTS Michael & Michelle Gyler

FILE NUMBER(S) : 20137 of 2007

CORAM: Moore C - Hussey C - Fakes AC

KEY ISSUES: Trees (Neighbours) :-

DATES OF HEARING: 20 April 2007

EX TEMPORE JUDGMENT DATE : 20 April 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C HUSSEY C FAKES AC

20 April 2007

07/20137 Bruce Ridley v Michael & Michelle Gyler

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 formal 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/

1 THE COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The application is made by Mr Ridley who is a resident of 21A Nepean Avenue, Normanhurst (the Ridley property), concerning a tree on a property owned by Mr and Mrs Gyler (the Gyler property). The street address of the Gyler property is 16A Osborn Road, Normanhurst but it is a property which adjoins the Ridley property.