NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sahyoun v Jessop [2009] NSWLEC 1313
APPLICANT Allan Sahyoun PARTIES : RESPONDENT Terence Jessop
FILE NUMBER(S) : 20557 of 2009
CORAM: Fakes AC
KEY ISSUES: TREES (NEIGHBOURS) :- removal of the tree, damage to property and injury to people
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 18 September 2009
EX TEMPORE JUDGMENT DATE : 18 September 2009
APPLICANT Allan Sahyoun (litigant in person) LEGAL REPRESENTATIVES:
RESPONDENT Terence Jessop (litigant in person)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC 18 September 2009
20557 of 2009 Allan Sahyoun v Terence Jessop
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 made by Mr Allan Sahyoun of 29 Norma Crescent Cheltenham against the owner of a tree growing at 27 Norma Crescent, That property belongs to Mr and Mrs Jessop. Mr Terence Jessop attended the on-site hearing.
2 The applicant is seeking the removal of the tree as he contends that it has caused and could cause both damage to his property and injury to people.
3 The respondent is opposed to the removal of the tree but would agree to some work being carried out.
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