Repaci v Stapleton [2008] NSWLEC 1422

Land and Environment Court of New South Wales

CITATION : Repaci v Stapleton [2008] NSWLEC 1422

APPLICANT Rocco Repaci PARTIES : RESPONDENT Paul and Marian Stapleton

FILE NUMBER(S) : 20743 of 2008

CORAM: Fakes AC - Taylor C

KEY ISSUES: Trees (Neighbours) :- Removal of tree, damage to property, compensation for damage caused.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 13/10/2008

EX TEMPORE JUDGMENT DATE : 13 October 2008

APPLICANT Ms G. Court, solicitor Ms M. Francis, litigants in person Mr V. Repaci and Mr D. Repaci LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Lilley, Tree Management Officer of Burwood Municipal Council

Ms M. Stapleton, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC Taylor C

13 October 2008

20743 of 2008 Rocco Repaci v Paul and Marian Stapleton

JUDGMENT

This decision was given as an extemporaneous decision. 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 made by Mr Rocco Repaci of 14 Fitzroy Street Croydon against a tree located at 7 Murray Street Croydon, a property owned by Mr and Mrs Stapleton.

2 Mr Repaci is overseas and was represented at the on-site hearing by his solicitor, Ms Glenys Court, and by his three children, Ms Maryanna Francis, Mr Vincento Repaci and Mr Daniel Repaci. Burwood Municipal Council was represented by its Tree Management Officer, Mr Joe Lilley.