NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McAuliffe v Horvath [2010] NSWLEC 1156
APPLICANTS Gerald and Lynda McAuliffe PARTIES : RESPONDENT Edith Horvath
FILE NUMBER(S) : 20197 of 2010
CORAM: Fakes C
TREES (NEIGHBOURS) :- damage to property KEY ISSUES: injury to persons fence
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
Robson v Leischke [2008] NSWLEC 152 CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 24/06/2010
DATE OF JUDGMENT: 24 June 2010
EX TEMPORE JUDGMENT DATE : 24 June 2010
APPLICANTS Mr Perkins, solicitor Mr Bartel, solicitor LEGAL REPRESENTATIVES: Skinner and Associates
Dr Horvath [litigant in person]
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
24 JUNE 2010
120197 of 2010 McAuliffe v Horvath
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owners of a property in Morningside Place Albury against the owner of seven trees growing in an adjoining property.
2 The applicants are seeking the removal of the trees as they contend that the trees have caused damage to their property and could cause injury to any person.
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