NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Joaquim v Adamson [2009] NSWLEC 1312
APPLICANTS J & J Joaquim PARTIES : R$ESPONDENTS J & J Adamson
FILE NUMBER(S) : 20138 of 2009
CORAM: Moore SC - Fakes AC
DISCRETION - EVIDENCE - JURISDICTION - NEIGHBOUR APPLICATION - TREES (NEIGHBOURS) :- Poisoning of tree KEY ISSUES: Interference with roots of tree Death of tree caused by applicant Applicant to pay costs of removal
Trees (Disputes Between Neighbours) Act 2006 ss 9, 10, 12 and 16 LEGISLATION CITED: Civil Procedure Act 2005 s 56(1) Land and Environment Court Act 1979 s 38(2) Uniform Civil Procedure Rules 2005
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Barker v Kyriakides [2007] NSWLEC 292 CASES CITED: Yang v Scerri [2007] NSWLEC 592 Robson v Leischke [2008] NSWLEC 152; (2008) 72 NSWLR 98; (2008) 159 LGERA 280 Horn & anor v Latter [2007] NSWLEC 744 Hinde v Anderson and anor [2009] NSWLEC 1148
DATES OF HEARING: 29 May and 30 June 2009
DATE OF JUDGMENT: 2 October 2009
APPLICANTS Dr B Caffrey, barrister LEGAL REPRESENTATIVES: RESPONDENTS In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC FAKES AC
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