Black v Johnson [2007] NSWLEC 359

Land and Environment Court of New South Wales

CITATION : Black v Johnson [2007] NSWLEC 359

APPLICANT Paul Black

PARTIES : RESPONDENT Terence Johnson

INTERVENOR Lake Macquarie City Council

FILE NUMBER(S) : 20268 of 2007

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Preliminary hearing

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 15 June 2007

EX TEMPORE JUDGMENT DATE : 15 June 2007

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT No appearance

INTERVENOR Mr G Long, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

15 June 2007

07/20268 Paul Black v Terence Johnson

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).

2. The application is made by Mr Black, a resident of 26A Glover Street Belmont, concerning four trees that are located to the south of his property on 25 Macquarie Street.

3. This hearing has been a preliminary one to determine whether or not, in the view of the Court, any of the four tests posed by s 10(2) of the Act have been satisfied - rather than it being a full hearing on the merits of Mr Black's application.