NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Yari v Bugden & Anor [2009] NSWLEC 1151
APPLICANT Monica Yari PARTIES : RESPONDENT G B Bugden and P B Bugden
FILE NUMBER(S) : 20090 of 2009
CORAM: Thyer AC
KEY ISSUES: TREES (NEIGHBOURS) :- Consent Orders made for remval of tree and payment of some costs by the applicant.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 28/04/2009
EX TEMPORE JUDGMENT DATE : 28 April 2009
APPLICANT Monica Yari, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT G B Bugden and P B Bugden, litigants in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
28 April 2009
20090 of 2009
Monica Yari v G B Bugden and P B Bugden
JUDGMENT The extemporaneous decision was given on 28 April 2009. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: A large Eucalyptus tree is growing on the western side of the front yard of 36 Watts Road, Callala Beach, with a portion of the trunk over the common boundary of the adjoining property. Mr G Bugden and Mr P Bugden are the owners of 36 Watts Road.
2 Mr and Mrs Yari are the owners of 34 Watts Road, Callala Beach, the adjoining property to the west. Mrs Yari makes an application to the Court requesting the owners of the tree take measures to ensure no further damage is caused and that they pay compensation for monies spent.
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