Cachia v O’Connor [2008] NSWLEC 1278

Land and Environment Court of New South Wales

CITATION : Cachia v O'Connor [2008] NSWLEC 1278

PARTIES : Laurence Cachia v Michael O'Connor

FILE NUMBER(S) : 20472 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: Jurisdiction - Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

Wyong Shire Council v Shirt (1980) 146 CLR 40 CASES CITED: Yang v Scerri [2007] NSWLEC 592 Nair v Edwards [2006] NSWSC 1310

DATES OF HEARING: 3 July 2008

EX TEMPORE JUDGMENT DATE : 3 July 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

3 July 2008

08/20472 Laurence Cachia v Michael O'Connor

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. Formal case references have also been added.

1 COMMISSIONERS: In April 2008, McLaughlin AsJ in the Supreme Court ordered the transfer to the Land and Environment Court of an application concerning a tree located on Mr O'Connor's property. This tree had been amongst a number of matters concerning Mr O'Connor's property subject of an application by Mr Cachia to the Supreme Court (SC Matter No: 5565 of 2007). His Honour held that the Supreme Court did not have jurisdiction to deal with any of the elements for which Mr Cachia claimed relief – dismissing two of them and transferring the other to be dealt with by the Land and Environment Court pursuant to the Trees (Disputes Between Neighbours) Act 2006.