NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tou v Maskiney [2010] NSWLEC 105
APPLICANTS lat Sang Tou and Hing Hing Hilda Tou PARTIES : RESPONDENT Charles Moutledge Maskiney
FILE NUMBER(S) : 20919 of 2009
CORAM: Preston CJ
KEY ISSUES: COSTS :- tree dispute - applicant neighbour successful in obtaining orders for tree removal and compensation - whether fair and reasonable to order respondent tree owner to pay costs - whether unreasonable conduct by tree owner in the circumstances leading up to the litigation - partial costs order made
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
Evans v Maclean Shire Council [2004] NSWLEC 89; (2004) 133 LGERA 270 CASES CITED: Grant v Kiama Municipal Council [2006] NSWLEC 70 Oshlack v Richmond River Council (1998) 193 CLR 72 Tou v Maskiney [2010] NSWLEC 1068
DATES OF HEARING: 25 May 2010
EX TEMPORE JUDGMENT DATE : 25 May 2010
APPLICANT Ms H Sin (solicitor)
SOLICITORS Helen Sin Legal Pty Limited LEGAL REPRESENTATIVES: RESPONDENT Ms K Welshman
SOLICITORS T.H. Walker Solicitors and Conveyancers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PRESTON CJ
25 May 2010
20919 OF 2009
TOU V MASKINEY
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