Donaldson v Wong [2007] NSWLEC 321

Land and Environment Court of New South Wales

CITATION : Donaldson v Wong [2007] NSWLEC 321

APPLICANTS Ian & Gail Donaldson PARTIES : RESPONDENT Helen Wong

FILE NUMBER(S) : 20262 of 2007

CORAM: Moore C - Brown C - Thyer AC

Trees (Neighbours) - Neighbour Application :- KEY ISSUES: Consent orders Rectification of damage

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17 May 2007

EX TEMPORE JUDGMENT DATE : 17 May 2007

APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT Mr A S Brown, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C Brown C Thyer AC

17 May 2007

20262 of 2007 Ian Donaldson v Helen Wong

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 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/

JUDGMENT

1 COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a Red Ironbark (Eucalyptus sideroxylon) (the tree) located on 34 Phillip Street, Balmain. The application is made by Mr and Ms Donaldson who are the residents of 36 Phillip Street, Balmain.