NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tuft v Piddington [2008] NSWLEC 1249
APPLICANT Carol Tuft PARTIES : RESPONDENTS Winston & Kerri Piddington
FILE NUMBER(S) : 20179 of 2008
CORAM: Moore C - Thyer AC
Jurisdiction - Trees (Neighbours) :- KEY ISSUES: Meaning of "injury" Asthma is an "injury"
Trees (Disputes Between Neighbours) Act 2006 LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998 Workers Compensation Act 1987 Pesticides Act 1999
CASES CITED: Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 3 June 2008
EX TEMPORE JUDGMENT DATE : 3 June 2008
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS Second respondent in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C THYER AC
3 June 2008
08/20179 Carol Tuft v Winston & Kerri Piddington
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONERS: Located in the rear yard of 48 Bryant St, Tighes Hill is a substantial Caffir Plum (Harperphyllum caffrum). The tree has two major trunks in its structure effectively forming co-dominant leaders. The tree flowers during spring and summer and produces numerous small fruits.
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