Hung v Bird [2008] NSWLEC 1246

Land and Environment Court of New South Wales

CITATION : Hung v Bird [2008] NSWLEC 1246

APPLICANT Janet Hung PARTIES : RESPONDENTS Maurice & Helen Bird

FILE NUMBER(S) : 20452 of 2008

CORAM: Moore C

Jurisdiction - Trees (Neighbours) :- KEY ISSUES: No genuine dispute between the parties No jurisdiction under the Trees Act

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152

DATES OF HEARING: 20 June 2008

EX TEMPORE JUDGMENT DATE : 20 June 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPOPNDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

2 June 2008

08/20452 Janet Hung v Maurice & Helen Bird

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER : In Mrs Hung's application, which is that the Court order Mr and Mrs Bird to remove a tree, she makes mention of the fact that Mr and Mrs Bird applied in late 2007 for permission from Baulkham Hills Council to remove the tree which is the subject of Mrs Hung's application. The Birds' application, made for permission pursuant to the council's tree preservation order, was refused.

2 At the commencement of the preliminary hearing, I asked Mr and Mrs Bird whether they had, at the time of their 2007 application, genuinely wanted to remove the tree and whether they still wished to do so. They indicated that they had wished to remove the tree and still did wish to remove the tree.