NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Grogan & McLean v Stacey [2007] NSWLEC 757
APPLICANT Annie Grogan & Peter McLean PARTIES : RESPONDENT Kevin and Eda Stacey
FILE NUMBER(S) : 20862 of 2007
CORAM: Fakes AC
KEY ISSUES: Trees (Neighbours) :- tree be removed, the tree could fail and cause injury, the tree overhangs, the tree has caused damage to the driveway and to a split sandstone retaining wall
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 14/11/2007
EX TEMPORE JUDGMENT DATE : 14 November 2007
APPLICANT Mr M. Staunton, barrister
LEGAL REPRESENTATIVES:
RESPONDENT Mr Kevin and Mrs Eda Stacey, litigants in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC
14 November 2007
20862 of 2007 Annie Grogan & Peter McLean v Kevin and Eda Stacey
JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Ms Annie Grogan and Mr Peter McLean of 2133 Pittwater Road Church Point concerning a tree located on a property at 2129 Pittwater Road Church Point. The applicants were represented by their barrister Michael Staunton. Also in attendance were Ms Melanie Howden, arborist for the applicants and Mr Peter Lebas, agent for the applicants and a town planner.
2 The tree in question is a Liquidambar styraciflua (Liquidambar). The property on which the tree is located is owned by Mr and Mrs Stacey.
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