Maguire v Crown in the Right of the State of New South Wales (North Ryde Public School) [2007] NSWLEC 587

Land and Environment Court of New South Wales

CITATION : Maguire v Crown in the Right of the State of New South Wales (North Ryde Public School) [2007] NSWLEC 587

APPLICANT Joe Maguire PARTIES : RESPONDENT Crown in the Right of the State of New South Wales (North Ryde Public School)

FILE NUMBER(S) : 20459 of 2007

CORAM: Hoffman C - Brown C - Fakes AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Adverse affectation by trees on school property, damage to roof guttering and sewage pipes, constant maintenance on gutters and costs

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 31/08/07

EX TEMPORE JUDGMENT DATE : 31 August 2007

APPLICANT Mr J. Maguire, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr L. Sara, solicitor of Leitch Hasson Dent

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C Brown C Fakes AC

31 August 2007

20459 of 2007 Joe Maguire v Crown in the Right of the State of New South Wales (North Ryde Public School)

JUDGMENT 1 This is an Appeal No. 20459 of 2007 between Joe Maguire v North Ryde Public School and the State of New South Wales in regard to adverse affectation by trees on the school property. 2 In respect of Mr Maguire's property at No. 167 Lane Cove Road, North Ryde the hearing was held on the site and in the school property on the 31 August 2007. Attending on behalf of the school was Ms Goodsell, principal, Mr L. Sara, solicitor, Mr J. Abouchrouche, solicitor, Mr M. Weekes, asset manager for the Department of Education, Mr S. Martens, regional asset manager for the Department of Education.