NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hussain v Mehic [2010] NSWLEC 1287
APPLICANT S Hussain PARTIES : RESPONDENTS E & J Mehic
FILE NUMBER(S) : 20620 of 2010
CORAM: Hewett AC - Fakes C
KEY ISSUES: TREES (NEIGHBOURS) :- damage to property-broken tiles, risk of injury, compensation, tree removal sought, pruning of dead wood ordered.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 21/10/10
DATE OF JUDGMENT: 21 October 2010
EX TEMPORE JUDGMENT DATE : 21 October 2010
APPLICANT Mr S Hussain [litigant in person] LEGAL REPRESENTATIVES:
RESPONDENT Mr E Mehic [litigant in person]
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hewett AC Fakes C
21 October 2010
20620 of 2010 Hussain v Mehic
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Rooty Hill against the owner of a tree growing on adjacent land. The respondent was present at the hearing.
2 The applicant is seeking the removal of the tree as he contends that the tree has caused damage to his property and could continue to do so.
3 The applicant also contends that the tree could cause injury to any person as a consequence of dead branches that fall from the tree from time to time.
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