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. Tim Moore Commissioner of the Court 03/11/2008 - Correction to date - Paragraph(s) Cover sheet DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.