NSW Caselaw
Land and Environment Court of New South Wales
CITATION : McFadden v Marshall [2008] NSWLEC 1135
APPLICANT Keith McFadden PARTIES : RESPONDENT Judy Marshall
FILE NUMBER(S) : 20038 of 2008
CORAM: Fakes AC
KEY ISSUES: Trees (Neighbours) :- Pruning of two trees, risk of damage to property or injury to persons
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Black v Johnson [2007] NSWLEC 513 Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 27/03/2008
EX TEMPORE JUDGMENT DATE : 27 March 2008
APPLICANT Mr K. McFadden, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Ms J. Marshall, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC
27 March 2008
20038 of 2008 Keith McFadden v Judy Marshall
JUDGMENT 1 This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Keith McFadden of 108 Shepherds Drive, Cherrybrook concerning 2 trees on a property owned by Ms Judy Marshall of 7 Kanangra Drive Cherrybrook.
2 Present at the on site hearing were Mr Rekhraj of 106 Shepherds Drive and Mr Walter of 5 Kanangra Drive Cherrybrook, properties that adjoin the respondent's property. These neighbours also have an interest in the tree and support the application made by Mr McFadden. The trees were viewed from the properties of all of those present, however, under s7 of the Act, the application is made by one property owner against another on adjacent land and thus this judgement applies only to the applicant and the respondent.
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