McNally v Kalache [2007] NSWLEC 692

Land and Environment Court of New South Wales

CITATION : McNally v Kalache [2007] NSWLEC 692

APPLICANT Mr and Mrs McNally PARTIES : RESPONDENT Ms J. Kalache

FILE NUMBER(S) : 20764 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) :- Removal and pruning of a Eucalyptus moluccana

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 15/10/2007

EX TEMPORE JUDGMENT DATE : 15 October 2007

APPLICANT Mr and Mrs McNally, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Ms J. Kalache

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

15 October 2007

20764 of 2007 Mr and Mrs McNally v Ms J Kalache

JUDGMENT

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

The consequence of the Court's decision 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 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 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning one tree located on a property at 10 Kilmorey Street, Busby (the property). The property is owned by Ms Joanne Kalache.