NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Owners Corporation Strata Plan 78206 v Asher [2007] NSWLEC 849
APPLICATION Owners Corporation Strata Plan 78206 PARTIES : RESPONDENT Bevan Asher
FILE NUMBER(S) : 20937 of 2007
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- Removal of a tree, damage to property, risk of injury to people.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 10/12/2007
EX TEMPORE JUDGMENT DATE : 10 December 2007
APPLICANT Ms A. Bolton and Mr O. Pilon, litigants in person LEGAL REPRESENTATIVES:
RESPONDENT Mr B. Asher, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
10 December 2007
20937 of 2007 Owners Corporation Strata Plan 78206 v Bevan Asher
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication . 1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning one tree (the tree) situated on 47 Bardo Road, Newport (the property). The property is owned by Mr Bevan Asher.
2 The tree is a Silky Oak (Grevillea robusta).
3 The application has been made by The Owners Corporation, Strata Plan 78206 of 49 Bardo Road Newport, the adjoining property to the west of the tree. The Owners Corporation is represented by Ms Annette Bolton and Mr Owen Pilon, members of the Executive Committee.
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