NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Culgan & Anor v Bradley [2009] NSWLEC 1347
APPLICANTS Anthony Culgan PARTIES : Candida Degouveia
RESPONDENTS Gregory & Carol Bradley
FILE NUMBER(S) : 20538 of 2009
CORAM: Fakes C
KEY ISSUES: TREES (NEIGHBOURS) :- damage to property
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 12 October 2009
EX TEMPORE JUDGMENT DATE : 12 October 2009
APPLICANT Natasha Matthew (real estate agent)
LEGAL REPRESENTATIVES:
RESPONDENT Gregory Bradley (litigant in person)
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C 12 October 2009
20538 of 2009 Anthony Culgan & Anor v Gregory & Carol Bradley
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Anthony Culgan and Ms Candida Degouveia owners of a property at 51 Whitby Road Kings Langley against the owners of a tree growing at the rear of 53 Whitby Road. The owners of that property are Gregory and Carol Bradley. As the applicants' property is currently tenanted Ms Natasha Matthews of The Kings Real Estate represented them.
2 The applicants are seeking the removal of a Quercus robur (English Oak) as they contend that the tree is causing damage to their property. They also seek rectification of any damage.
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