Oakey v Owners Corporation Strata Plan 22678; Oakey v Owners Corporation Strata Plan 5723 [2009] NSWLEC 1108

Land and Environment Court of New South Wales

CITATION : Oakey v Owners Corporation Strata Plan 22678; Oakey v Owners Corporation Strata Plan 5723 [2009] NSWLEC 1108

APPLICANT Jane Oakey

PARTIES : RESPONDENT (FIRST MATTER) Owners Corporation Strata Plan 22678

RESPONDENT (SECOND MATTER) Owners Corporation Strata Plan 5723

FILE NUMBER(S) : 20942 of 2008; 20071 of 2009

CORAM: Moore SC - Thyer AC

KEY ISSUES: TREES (NEIGHBOURS) :- Likely risk of injury

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Tuft v Piddington [2008] NSWLEC 1249 Robson v Leischke [2008] NSWLEC 152; [2008] 159 LGERA 280

DATES OF HEARING: 19 March 2009

EX TEMPORE JUDGMENT DATE : 19 March 2009

APPLICANT In person

RESPONDENT (FIRST MATTER) LEGAL REPRESENTATIVES: Mr A McLeod, solicitor Kilmurray Lawyers

RESPONDENT (SECOND MATTER) In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC THYER AC

19 March 2009

08/20942 Jane Oakey v Owners Corp Strata Plan 22678 09/20071 Jane Oakey v Owners Corp Strata Plan 5723

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

1 COMMISSIONERS: Three blocks of residential units with northerly or north-easterly aspects have boundaries to Hillview Street at Newcastle (although two of these blocks have street addresses in Anzac Parade to the west). The applicant resides in the middle block of units and in the middle level of that block. In September 2008, she lodged an application concerning to Norfolk Island Hibiscus trees located on the property to the east.