NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Vieira v Kaleski [2008] NSWLEC 159
APPLICANT Joe Vieira PARTIES : RESPONDENTS Anne & Peter Kaleski
FILE NUMBER(S) : 20531 of 2007
CORAM: Jagot J
KEY ISSUES: Appeal :- application to vary orders for permanent stay - no change of circumstances - application denied
LEGISLATION CITED: Land and Environment Court Act 1979 Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 24 April 2008
EX TEMPORE JUDGMENT DATE : 24 April 2008
APPLICANT Mr J Vieira (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENTS Ms Miranda Moody SOLICITORS Bradfield Mills Solicitors
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
24 April 2008
20531 of 2007
JOSE VIEIRA Applicant
PETER & ANNE KALESKI Respondents
JUDGMENT Jagot J: 1 This is an application to lift an order staying an order requiring the respondents to remove certain trees and to rescind an order for access under the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). The matter has a long and unhappy history briefly recorded below.
2 The applicant applied to the Court for an order under s 7 of the Trees Act in respect of certain trees on the western and southern boundaries of the respondents' property at 25 Lucinda Avenue, Wahroonga. Specifically, he sought orders for the removal of five coral trees and for overhanging branches of numerous eucalypt trees to be pruned to the boundaries. The applicant lives on the adjoining land to the west at 29 Lucinda Avenue, Wahroonga.
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