Bentley v Hinchen [2008] NSWLEC 1348

Land and Environment Court of New South Wales

CITATION : Bentley v Hinchen [2008] NSWLEC 1348

APPLICANT Carol Bentley PARTIES : RESPONDENTS David and Lynette Hinchen

FILE NUMBER(S) : 20585 of 2008

CORAM: Moore C - Taylor C - Fakes AC

KEY ISSUES: Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15 August 2008

EX TEMPORE JUDGMENT DATE : 15 August 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C TAYLOR C FAKES AC

15 August 2008

08/20585 Carol Bentley v David and Lynette Hinchen

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 : A large Flooded Gum ( eucalyptus grandis ) grows on 9B Gladstone Parade, Lindfield, very close to its eastern boundary with 2 Drovers Way. Ms Bentley is the owner of 2 Drovers Way. She has made an application pursuant to the Trees (Disputes Between Neighbours) Act 2006 seeking removal of the tree and compensation for damage as has been occasioned to her roof and to a retaining wall on her property, adjacent to the base of the tree.