NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Zignic v Waistell [2010] NSWLEC 1188
APPLICANT Ms M Zignic PARTIES : RESPONDENT Ms A Waistell
FILE NUMBER(S) : 20315 of 2010
CORAM: Fakes C
TREES (NEIGHBOURS) :- Damage to property KEY ISSUES: Compensation Root barrier ordered
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Sait v Mason [2007] NSWLEC 293 Black v Johnson No 2 [2007] NSWLEC 513
DATES OF HEARING: 15/07/2010
DATE OF JUDGMENT: 15 July 2010
EX TEMPORE JUDGMENT DATE : 15 July 2010
APPLICANT Mr M Seymour [barrister] Instructed by Lindsay Brian [solicitor] LEGAL REPRESENTATIVES:
RESPONDENT Ms A Pearman [barrister] Instructed by Audrey Egan [solicitor]
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
15 July 2010
20315 of 2010 Zignic v Waistell
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 (the Act) made by the owner of a property in Anembo Crescent Kiama Heights against the owner of a tree growing at the rear of an adjoining property.
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