NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McCormack v Spencer [2008] NSWLEC 1285
APPLICANT John McCormack PARTIES : RESPONDENTS Ronald & Dianne Spencer
FILE NUMBER(S) : 20286 of 2008
CORAM: Moore C
Jurisdiction - Trees (Neighbours) :- KEY ISSUES: Meaning of "owner" Rights of carriageway
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Robson v Leischke [2008] NSWLEC 152 Brown & anor v Weaver [2007] NSWLEC 738
DATES OF HEARING: 27 June and written submissions 4 July 2008
DATE OF JUDGMENT: 14 July 2008
APPLICANT Mr G Ellison, solicitor LEGAL REPRESENTATIVES: G. M. Ellison & Co
RESPONDENTS In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C
14 July 2008
08/20286 John McCormack v Ronald & Dianne Spencer
JUDGMENT Introduction 1 COMMISSIONER: Mr McCormack lives in a house on a landlocked allotment with a water frontage to Oyster Bay. His property's street address is 84 Oyster Bay Road. Immediately to the south is a house on a similar landlocked allotment and also having a frontage to Oyster Bay. This property's street address is 86 Oyster Bay Road.
2 Each of these landlocked parcels of land has access to Oyster Bay Road via another allotment with a frontage to Oyster Bay Road. This access is via rights of carriageway. Each of these landlocked allotments has a separate right of carriageway. The two rights of carriageway are adjacent and have a common boundary – also being the common boundary between the front allotments.
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