Frost v Llewellyn [2007] NSWLEC 699

Land and Environment Court of New South Wales

CITATION : Frost v Llewellyn [2007] NSWLEC 699

APPLICANT Raymond and Margaret Frost PARTIES : RESPONDENT Professor Gwynnyth Llewellyn

FILE NUMBER(S) : 20711 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Pruning of trees and damages to property

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 16/10/2007

EX TEMPORE JUDGMENT DATE : 16 October 2007

APPLICANT Mr and Mrs Frost, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Professor G. Llewellyn, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

16 October 2007

20711 of 2007 Raymond and Margaret Frost v Professor Gwynnyth Llewellyn

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 . These orders are not reproduced as part of this decision but a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning three trees located on a property described in the application as Lot 17, 56 Torokina Avenue, St Ives (the property). I am advised by the owner of the property that the correct address of the property is 58 Torokina Avenue, St Ives. The property is owned by Professor Gwynnyth Llewellyn.