Black v Johnson (No 2) [2007] NSWLEC 513

Land and Environment Court of New South Wales

CITATION : Black v Johnson (No 2) [2007] NSWLEC 513

APPLICANT Paul Black PARTIES : RESPONDENT Terence Johnson

FILE NUMBER(S) : 20268 of 2007

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Tree dispute principle - matters for consideration concerning pre-existing trees

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Black v Johnson [2007] NSWLEC 359

DATES OF HEARING: 30 July 2007

EX TEMPORE JUDGMENT DATE : 30 July 2007

APPLICANT In person

RESPONDENT LEGAL REPRESENTATIVES: No appearance

INTERVENOR Mr G Long, solicitor Lake Macquarie City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

15 June 2007

07/20268 Paul Black v Terence Johnson

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this application will be the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 after the respondent is provided with an opportunity to respond to the proposed orders. These orders will not be reproduced as part of this decision but a copy the Court's Orders will be able to be obtained from the Court's registry, after they have been finalised, 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. COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act).