NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bowan v Glanville [2008] NSWLEC 10
APPLICANT Betty Bowan PARTIES : RESPONDENT Wayne Glanville
FILE NUMBER(S) : 20740 of 2007
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- removal of trees and vegetation, damage to property
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 19/11/2007
DATE OF JUDGMENT: 10 January 2008
APPLICANT Ms B. Bowan, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Mr W. Glanville, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
10 January 2008
20740 of 2007 Betty Bowan v Wayne Glanville
JUDGMENT This decision was given in chambers. It reflects the observations made and opinions given, and the general agreement of the parties at the on site hearing of 19 November 2007. 1 Acting Commissioner: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 concerning eight small trees situated on 263 Coal Point Road, Coal Point (the property). The property is owned by Mr Glanville.
2 The trees are one Jacaranda, one Ficus benjamina, three Crepe Myrtles, one Bangalow palm, and two Dodonaea.
3 The application has been made by Mrs Bowan, owner of 261 Coal Point Road, the adjoining property to the north of the trees.
4 The application seeks orders from the Court to remove all trees and vegetation from overhanging her property, and to remove all roots of trees that are damaging the concrete under the weldmesh fence.
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