NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Galloway v Howard [2009] NSWLEC 1017
APPLICANT Jean Galloway PARTIES : RESPONDENT Sandy Howard
FILE NUMBER(S) : 20957 of 2008
CORAM: Thyer AC
KEY ISSUES: TREES (NEIGHBOURS) :- Leighton Green Ledge, Damage to paving, Root barrier
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Osborne v Hook [2008] NSWLEC 1231
DATES OF HEARING: 14/01/2009
EX TEMPORE JUDGMENT DATE : 14 January 2009
APPLICANT Jean Galloway, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Mr C. Xuereb, solicitor of Charles R Xuereb & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
14 January 2009
20957 of 2008 Jean Galloway v Sandy Howard
JUDGMENT The extemporaneous decision was given on 14 January 2009. This written judgment includes the findings given on-site, relevant observations and background information. 1 ACTING COMMISSIONER: Mrs Galloway lives at 26A Oakville Road Willoughby. She seeks orders for removal of 14 trees which form a hedge on the adjoining property, and replacement with species more suitable to the location. The trees have been identified as Leighton Green or Naylors Blue Cypress. She also seeks removal of the tree roots from her property and installation of a root barrier, and that the cost of all these works be payed for by the owner of the trees. In addition she seeks compensation for repairs already carried out to her paving, and for proposed repairs to the dividing fence and her paths, pavers and garden edges.
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