Denney v Baxter [2007] NSWLEC 858

Land and Environment Court of New South Wales

CITATION : Denney v Baxter [2007] NSWLEC 858

APPLICANT Dr John & Lieselotte Denney PARTIES : RESPONDENT Harold & Michelle Baxter

FILE NUMBER(S) : 20860 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Arborist Report, reimbursement of costs

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 21/12/2007

EX TEMPORE JUDGMENT DATE : 21 December 2007

APPLICANT Ms J. Gore, solicitor of Galland Elder Lulham LEGAL REPRESENTATIVES:

RESPONDENT Mr H. Baxter, litignat in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

21 December 2007

20860 of 2007 Dr John & Lieselotte Denney v Harold & Michelle Baxter

JUDGMENT The determination of consent orders was given as an extemporaneous decision. The orders have been edited prior to publication. The following judgment was made in chambers and reflects the observations made and the comments and opinions given at the hearing. 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 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning numerous shrubs and trees (the trees) situated at 14 Church Street, Goulburn (the property). The property is owned by Harold and Michelle Baxter.