NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Boyaci, A v Farncomb, B [2008] NSWLEC 1121
APPLICANT Boyaci, Arnold PARTIES : RESPONDENT Bill Farncomb
FILE NUMBER(S) : 20016 of 2008
CORAM: Fakes AC
KEY ISSUES: Neighbour Application - Trees (Neighbours) :- Removal of tree, damage to property and persons
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 14/03/2008
EX TEMPORE JUDGMENT DATE : 14 March 2008
APPLICANT Mr A. Boyaci, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Mr B. Farncomb, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC
14 March 2008
20016 of 2008 Boyaci, Arnold v Farncomb, Bill
JUDGMENT 1 This is an application pursuant to s7 of The Trees (Disputes Between Neighbours) Act 2006 made by Mr Arnold Boyaci of 58 Jenner Road Dural concerning a Eucalypt on the adjacent property owned by Mr and Mrs Farncomb of 56 Jenner Road Dural.
2 The applicant seeks the removal of the tree as a branch tore from the tree and rested on the roof of his house during a storm in late 2007. He is concerned that the whole tree may fail onto his house therefore causing damage to his property and injury to his family.
3 The respondents do not want the tree removed as they bought their house 21 years ago because of the trees. The tree is used by possums and is an extension of the nearby bush reserve.
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