NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dallas v Watson [2009] NSWLEC 1056
APPLICANT Mary Dallas PARTIES : RESPONDENT Glenys Watson
FILE NUMBER(S) : 20003 of 2009
CORAM: Thyer AC
KEY ISSUES: TREES (NEIGHBOURS) :- Tree on common boundary. Proportion of cost of removal to each party ordered in accordance with survey showing two thirds of tree is on one property.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280
DATES OF HEARING: 18/02/2009
EX TEMPORE JUDGMENT DATE : 18 February 2009
APPLICANT Mr P. Condon, solicitor of Peter Condon & Associates LEGAL REPRESENTATIVES:
RESPONDENT Mr N. Velcic, solicitor of Nikola Velcic & Associates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
18 February 2009
20003 of 2009
Mary Dallas v Glenys Watson
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: A large Sydney Blue Gum is growing on the eastern boundary of the backyard of 29 Waterview Street, Balmain. This property is owned by Ms Watson.
2 Ms Dallas is the owner of 31 Waterview Street, Balmain, the adjoining property to the east. She makes an application under the Trees (Disputes Between Neighbours) Act 2006 on the basis of risk of injury. She seeks removal of the tree at Ms Watson's cost.
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