Lunt v Owners Corporation SP 15875 [2008] NSWLEC 1349

Land and Environment Court of New South Wales

CITATION : Lunt v Owners Corporation SP 15875 [2008] NSWLEC 1349

APPLICANT Jeffrey Lunt PARTIES : RESPONDENT Owners Corporation SP 15875

FILE NUMBER(S) : 20415 of 2008

CORAM: Registrar Dixon

KEY ISSUES: Compensation - Costs - Trees :-

Trees (Disputes Between Neighbours) Act 2006 LEGISLATION CITED: Land and Environment Court Act 1979 Land and Environment Court Rules 2007

DATES OF HEARING: 08/08/2008

EX TEMPORE JUDGMENT DATE : 8 August 2008

APPLICANT Mr Lunt, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr H. Simons, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Registrar Dixon

8 August 2008

20415 of 2008 Jeffrey Lunt v Owners Corporation SP 15875

JUDGMENT 1 The appeal concerns a tree application pursuant to s7 of the Tree (Disputes Between Neighbours) Act 2006 heard by Commissioner Brown and Acting Commissioner Thyer on 1 July 2008.

2 The Applicant, Mr Lunt sought orders from the Court for two things: the removal of trees and monetary compensation for damage to his tenants' chattels and other repair works to his property. The Applicant claims the sum of $5,454. (including reimbursement for monetary damages paid to his tenants ordered by the Consumer, Trader and Tenancy Tribunal (CTTT))

3 The proceedings were finally resolved in favour of the Respondent and a extemporaneous decision was given on 1 July .The judgment reflects the findings given onsite and the background documentation provided as part of the proceedings.