O’Donnell v Yam [2008] NSWLEC 1444

Land and Environment Court of New South Wales

CITATION : O'Donnell v Yam [2008] NSWLEC 1444 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Brendan O'Donnell PARTIES : RESPONDENTS Elseve Yam and Warren Yam

FILE NUMBER(S) : 20843 of 2008

CORAM: Moore C

Jurisdiction - Trees (Neighbours) :- KEY ISSUES: Tree removed prior to lodgment of application No jurisdiction

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 13 October 2008

EX TEMPORE JUDGMENT DATE : 13 October 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

13 October 2008

20843 of 2008 Brendan O'Donnell v Elseve Yam and Warren Yam

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONER : The tree that is the subject of the application was not in existence as at 19 August 2008, when Mr O'Donnell's application was filed with the Court, as it had already been removed by Mr and Ms Yam. 2 As a consequence, I am obliged, for the reasons discussed by Preston CJ in Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 at para 144, to dismiss the application because, as there was no tree the subject of an application situated on the Yams' land at the date the application was made, the Court does not have jurisdiction to entertain the application. The application is dismissed.