NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gillies v Locking [2010] NSWLEC 1171
APPLICANT Ms A Gillies PARTIES : RESPONDENT Mr C Locking
FILE NUMBER(S) : 20261 of 2010
CORAM: Fakes C
TREES (NEIGHBOURS) :- Damage to property KEY ISSUES: Injury to persons Tree removal ordered
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 06/07/2010
DATE OF JUDGMENT: 6 July 2010
EX TEMPORE JUDGMENT DATE : 6 July 2010
APPLICANT Ms A Gillies [litigant in person] LEGAL REPRESENTATIVES:
RESPONDENT Mr C Locking [litigant in person]
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
7 July 2010
20261 of 2010 Gillies v Locking
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 Turnbull Street The Junction against the owner of a Eucalyptus ficifolia (Red Flowering Gum) growing in the rear garden of an adjoining property.
2 The applicant is seeking the removal of the tree as she contends that the tree may have caused damage to her property and could cause injury to any person.
3 The applicant is also claiming $585 in compensation. This sum includes the filing fee, an arborist's report and miscellaneous costs associated with the application. Commissioners do not have the jurisdiction to award costs. Therefore this element of the application is dismissed.
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