NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hamilton v Byrne [2008] NSWLEC 45
APPLICANT Donald Hamilton PARTIES : RESPONDENT Diane Byrne
FILE NUMBER(S) : 21148 of 2007
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal and pruning of trees, compensation costs
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 17/1/2008
DATE OF JUDGMENT: 17 January 2008
APPLICANT Mr D. Hamilton, litigant in person
LEGAL REPRESENTATIVES: RESPONDENT Mr R. Clisdell, solicitor of Hozack Clisdell Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
17 January 2008
21148 of 2007 Donald Hamilton v Diane Byrne
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 four trees (the trees) situated on 20 Grandview Crescent, Lugarno (the property). The property is owned by Ms Diane Byrne. 2 The trees are a large Camphor laurel, a small Camphor laurel, a small Jacaranda, and a large Gum tree (Eucalyptus sp).
3 The application has been made by Mr Donald Hamilton, owner of 15 Chivers Avenue, Lugarno, the adjoining property to the north of the trees.
4 The application seeks orders from the Court for removal of the large Camphor laurel tree and the Jacaranda, and trimming back of the small Camphor laurel tree and the Gum tree.
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