Dwyer v Woischuk [2008] NSWLEC 46

Land and Environment Court of New South Wales

CITATION : Dwyer v Woischuk [2008] NSWLEC 46

APPLICANT Sandra Dwyer PARTIES : RESPONDENT John Woischuk

FILE NUMBER(S) : 21119 of 2007

CORAM: Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal of a tree

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 17/01/2008

DATE OF JUDGMENT: 17 January 2008

APPLICANT Ms S. Dwyer, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Woischuk, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC

17 January 2008

21119 of 2007 Sandra Dwyer v John Woischuk

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning one tree (the tree) situated on 1 Alfa Place Ingleburn (the property). The property is owned by John Woischuk.

2 The tree is a Cypress pine (Cupressus sp).

3 The application has been made by Sandra Dwyer, owner of 21 Lancia Drive, Ingleburn, the adjoining property to the east of the tree.

4 The application seeks orders from the Court for removal of the tree.

5 The relevant provisions of s 10(2) of the Act require that the Court be satisfied that one or more of four conditions are met, with respect to each tree subject of an application, before the Court has jurisdiction to consider the application concerning that tree.