NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shields v Wiblin [2009] NSWLEC 1053
APPLICANT Eric Shields PARTIES : RESPONDENT Jim Wiblin
FILE NUMBER(S) : 21220 of 2008
CORAM: Fakes AC
KEY ISSUES: TREES (NEIGHBOURS) :- Removal of tree, compensation for damaged property
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Black v Johnson (No 2) [2007] NSWLEC 513 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 19/02/2009
EX TEMPORE JUDGMENT DATE : 19 February 2009
APPLICANT Eric Shields, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Jim Wiblin, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC 19 February 2009
21220 of 2008 Eric Shields v Jim Wiblin
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Eric Shields of 190 Joseph Banks Drive Kings Langley and the owner of a tree located at 192 Joseph Banks Drive. The owner of that property is Mr Jim Wiblin.
2 Apart from the applicant and the respondent, also present at the on-site hearing were Mrs Dareena Wiblin, the respondent's wife, and Mr Patrick Kelly, an arborist invited to attend by the applicant.
3 The tree is a mature Eucalypt reported by the respondent to be a probable remnant of the original vegetation as it was well established when he purchased the block of land in 1977.
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