Smith v Sheehan [2008] NSWLEC 1243

Land and Environment Court of New South Wales

CITATION : Smith v Sheehan [2008] NSWLEC 1243

APPLICANTS Joyce and Claude Smith PARTIES : RESPONDENT Courtney Sheehan

FILE NUMBER(S) : 20226 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Yang v Scerri [2007] NSWLEC 592 CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Dooley & anor v Nevell [2007] NSWLEC 715

DATES OF HEARING: 13 June 2008

EX TEMPORE JUDGMENT DATE : 13 June 2008

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

13 June 2008

20226 of 2008 Joyce and Claude Smith v Courtney Sheehan JUDGMENT

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

The consequence of the Court's decsion 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 of 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 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Smith of 35 Pitt Street Coffs Harbour concerning a tree located on a property owned by Ms Sheehan of 33 Pitt Street Coffs Harbour.