Fogg v Waters [2007] NSWLEC 358

Land and Environment Court of New South Wales

CITATION : Fogg v Waters [2007] NSWLEC 358

APPLICANTS Lois & Ken Fogg PARTIES : RESPONDENT Eryn Waters

FILE NUMBER(S) : of 2007

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Minor maintenance

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides (2007) NSWLEC 292

DATES OF HEARING: 14 June 2007

EX TEMPORE JUDGMENT DATE : 14 June 2007

APPLICANTS In person

LEGAL REPRESENTATIVES: RESPONDENT Ms L Smith, property manager Raine & Horne - Newcastle

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

14 June 2007

07/20187 Lois & Ken Fogg v Eryn Waters

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/ 1. COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).