Foran v Khiabany & anor [2008] NSWLEC 1294

Land and Environment Court of New South Wales

CITATION : Foran v Khiabany & anor [2008] NSWLEC 1294

APPLICANT Robyn Foran PARTIES : RESPONDENTS Shahnam Aminy Khiabany & Massy Amini

FILE NUMBER(S) : 20262 of 2008

CORAM: Moore C - Fakes AC

KEY ISSUES: Compensation - Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152

DATES OF HEARING: 16 July 2008

EX TEMPORE JUDGMENT DATE : 16 July 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C FAKES AC

16 July 2008

08/20262 Robyn Foran v Shahnam Aminy Khiabany & Massy Amini

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. Citations have been inserted.

The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 . These orders are not reproduced as part of this decision but a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/

1 COMMISSIONERS: Until very recently, a substantial Leyland Cypress tree grew on a property at 4 Blackbutt Street, Wyoming. Ms Foran, who lives in the property to the north, at 6 Blackbutt Street, had made an application to the Court for the removal of the tree and for compensation for damage to the concrete slab on the driveway immediately adjacent to the tree and a further concrete slab forming part of the pathway to her house (and running along the front of the house).