NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pennington v Siow [2009] NSWLEC 1037
APPLICANT Allen Pennington PARTIES : RESPONDENT Chris & Aggie Siow
FILE NUMBER(S) : 20841 of 2008
CORAM: Murrell C - Fakes AC
KEY ISSUES: TREES (NEIGHBOURS) :- removal of the tree, damage to property, injury to people
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 05/02/2009
EX TEMPORE JUDGMENT DATE : 5 February 2009
APPLICANT Allen Pennington, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Chris & Aggie Siow, litigants in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C Fakes AC
5 February 2009
20841 of 2008 Allen Pennington v Chris & Aggie Siow
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 made by Mr Allen Pennington of 12 Tallowwood Close Alfords Point concerning a tree growing at 10 Tallowwood Close. At the time of the application, this property was owned by Mr and Mrs Siew. The property is now owned by Mr Craig Ryan. Mr Ryan had no knowledge of the application and was not formally present at the on-site hearing.
2 The tree is a healthy, mature Cupressus sp (Cypress) approximately 6 m tall. The base of the trunk is within 300 mm of the applicant's concrete driveway and the boundary fence.
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