NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Haigh v Dr Rothwell [2009] NSWLEC 1319
APPLICANT Garnet and Christine Haigh PARTIES : RESPONDENT Dr Sharyn Rothwell
FILE NUMBER(S) : 20441 of 2009
CORAM: Murrell C - Thyer AC
KEY ISSUES: TREES (NEIGHBOURS) :- Removal of the tree
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 26 August 2009
EX TEMPORE JUDGMENT DATE : 26 August 2009
APPLICANT Mr Hudspeth (solicitor) LEGAL REPRESENTATIVES:
RESPONDENT Dr S Rothwell (litigant in person)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C and Thyer AC
26 August 2009
20441 of 2009 Garnet and Christine Haigh v Dr Sharyn Rothwell
JUDGMENT 1 COMMISSIONERS: A mature Sydney Blue Gum (the tree) is growing about midway across the rear boundary of 170 Bridge Road, Glebe (the property) about 3 m from the common boundary of the adjoining property to the west. The tree is about 26 m tall with a crown spread of about 22 m which overhangs many properties. The tree is said to be about 60 years old. It is visible from many properties and the surrounding streets.
2 The respondent Dr Rothwell is the owner of 170 Bridge Road, Glebe. The property is currently rented and has been rented for the past 23 years. Dr Rothwell was represented at the hearing by Mr Hudspeth, a solicitor with Garland Hawthorne Brahe. A tree assessment report was provided by the respondent dated August 2009, prepared by Mr De Abreu who is an AQF level 5 arborist. Mr De Abreu attended the hearing.
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