NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Macey v Jephcott & Anor [2007] NSWLEC 728
APPLICANT John Macey PARTIES : RESPONDENT Mr Grant Jephcott and Mrs April Jephcott
FILE NUMBER(S) : 20615 of 2007
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- removal dead branches, removal of all trees threatening safety and property, annual removal of overhanging pine cones
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 29/10/2007
EX TEMPORE JUDGMENT DATE : 29 October 2007
APPLICANT Mr J. Macey, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Mr A. Williams, solicitor of Stacks the Law Firm
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
29 October 2007
20615 of 2007 Macey v Jephcott & Anor
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning 8 trees (the trees) situated along the northern boundary of 21 Kings Road, Moss Vale (the property). The property is owned by Mr and Mrs Jephcott.
2 The trees are Radiata pines (Pinus radiata).
3 The application has been made by Mr Macey, owner of 5 Kewarra Place, Moss Vale, the adjoining property to the north of the trees. 4 The application seeks orders from the Court for removal of dead branches overhanging Mr Macey's house, removal of all trees threatening safety and property, and an annual removal of overhanging pine cones.
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