Linkenbagh v Hallett [2008] NSWLEC 1309

Land and Environment Court of New South Wales

CITATION : Linkenbagh v Hallett [2008] NSWLEC 1309

APPLICANT Paul and Rachel Linkenbagh PARTIES : RESPONDENT Elaine and Neville Hallett

FILE NUMBER(S) : 20476 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Pruning of trees, damage to property, risk of injury

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 23/07/2008

EX TEMPORE JUDGMENT DATE : 23 July 2008

APPLICANT Mr P. and Mrs R. Linkenbagh, litigants in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs E. and Mr N. Hallett, litigants in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

23 July 2008

20476 of 2008 Paul and Rachel Linkenbagh v Elaine and Neville Hallett

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 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Linkenbagh of 24a Kuring-Gai Chase Rd, Mt Colah against 2 trees located at the rear western boundary of a property owned by Mr and Mrs Hallett of 26 Kuring-Gai Chase Road Mt Colah.