NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McGee v Sykes [2010] NSWLEC 1216
APPLICANTS Mr R. McGee Mrs H McGee PARTIES : RESPONDENTS Mrs C Sykes Mr K Sykes
FILE NUMBER(S) : 20328 of 2010
CORAM: Fakes C
TREES (NEIGHBOURS) :- Damage to property KEY ISSUES: Injury to persons Removal refused
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 5/8/2010
DATE OF JUDGMENT: 5 August 2010
EX TEMPORE JUDGMENT DATE : 5 August 2010
APPLICANTS R and H McGee {litigants in person} LEGAL REPRESENTATIVES:
RESPONDENTS C Sykes {litigant in person}
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
5 August 2010
20328 of 2010 McGee v Sykes
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Lemon Tree Passage against the owners of trees growing on an adjoining property. 2 The applicants are seeking the removal of the tree as they contend that the tree has caused damage to their property and could continue to do so. They are also concerned that the tree could cause injury to any person.
3 The tree subject to this application is a mature Eucalyptus pilularis (Blackbutt).
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