NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wilks v Warne [2008] NSWLEC 1199 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Gordon Wilks PARTIES : RESPONDENT Olga Warne
FILE NUMBER(S) : 20152 of 2008
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- Removal of tree, risk of injury to people, property damage
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 07/05/2008
EX TEMPORE JUDGMENT DATE : 7 May 2008
APPLICANT Gordon Wilks, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Olga Warne, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
7 May 2008
20152 of 2008 Gordon Wilks v Olga Warne
JUDGMENT The decision was given at the hearing on 7 May 2008. This written judgment reflects the background information and the findings. 1 ACTING COMMISSIONER: Gordon Wilks and Olga Warne are elderly neighbours living on the rocky hillside above Curl Curl beach. Mr Wilks' house was built about 1950. He and his wife moved there in 1971 and built a carport above the old concrete driveway in 1991. The carport has a half-height single brick wall on its southern side, about 100 mm on Mr Wilks' side of the common boundary with Mrs Warne.
2 There are two cracks across the old concrete driveway that Mr Wilks says may have been there in 1971 and probably were there in 1991. One of the cracks is in line with a crack up the brick wall.
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