McCormick v Cranch [2007] NSWLEC 298

Land and Environment Court of New South Wales

CITATION : McCormick v Cranch [2007] NSWLEC 298

APPLICANT Richard McCormick PARTIES : RESPONDENT David Cranch

FILE NUMBER(S) : 20169 of 2007

CORAM: Bly C

KEY ISSUES: Trees (Neighbours) :- removal of Rubber Tree

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 21/05/2007

EX TEMPORE JUDGMENT DATE : 21 May 2007

APPLICANT Mr R. McCormick, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr D. Cranch, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C Fakes C

21 May 2007

20169 of 2007 Richard McCormick v David Cranch

JUDGMENT This decision was given extemporaneously. It has been revised and edited prior to publication. 1 COMMISSIONERS. This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 ("the Act") in relation to an application by Mr and Mrs R McCormick of 125 Epping Forest Drive, Kearns. The application is detailed in a document under Mr McCormick's signature dated 26th April, 2007 and in particular seeks, relief in relation to alleged impacts associated with trees on the neighbouring property at 3 Jordan Place. The matters referred to therein include expenses associated with an engineers report and a tree surgeons report, legal costs, repair of a fence and costs associated with repair and replacement of an above ground pool and replacement of a television antenna.