NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Williams v Morris [2007] NSWLEC 848
APPLICANT Michael and Judith Williams PARTIES : RESPONDENT Tim and Anne Morris
FILE NUMBER(S) : 20962 of 2007
CORAM: Tuor C - Thyer AC
KEY ISSUES: Trees (Neighbours) :- Removal of tree, damage to property, compensation
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 11/12/2007
EX TEMPORE JUDGMENT DATE : 11 December 2007
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C with Thyer AC
11 December 2007
20962 of 2007 Williams v Morris
JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 by Michael and Judith Williams of 7 Nanowie Avenue Wahroonga concerning one Sydney Red Gum (Angophora costata) tree (the tree) located on 5 Nanowie Avenue Wahroonga owned by Tim and Anne Morris.
2 The extemporaneous decision was given on site on 11 December 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.
3 The Williams' application to the Court is for compensation, and prevention of further damage and risk to people and belongings.
4 Mr and Mrs Williams claim that the tree has damaged existing concrete garden steps, and a garage that has been removed. 5 Mr and Mrs Williams also claim that there are a number of dead branches in the tree.
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