NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Doolan v Betts [2008] NSWLEC 31
APPLICANT Rodney and Patricia Doolan PARTIES : RESPONDENT Donna Betts
FILE NUMBER(S) : 21077 of 2007
CORAM: Fakes AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal of the tree, damage to property, saftey of persons
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 16/01/2008
EX TEMPORE JUDGMENT DATE : 18 January 2008
APPLICANT Mr R. and Mrs P. Doolan, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Ms D. Betts, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Fakes AC
16 January 2008
21077 of 2007 Rodney and Patricia Doolan v Donna Betts
JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Rodney Doolan and Mrs Patricia Doolan of 93 Upper Street Tamworth concerning a Jacaranda mimosifolia (Jacaranda) on a property owned by Ms Donna Betts of 91 Upper Street Tamwroth.
2 The tree is wholly located within the respondent's property and is located adjacent to the boundary fence that separates the two properties approximately half-way down the block.
3 The applicants seek the removal of the tree as they are concerned about the volume of leaf litter and other debris that builds up from the time the tree starts losing its leaves with the first frost. They are concerned that this creates slipping hazards for themselves and for visitors.
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