Smith v Clark [2008] NSWLEC 1263

Land and Environment Court of New South Wales

CITATION : Smith v Clark [2008] NSWLEC 1263

APPLICANT Geoffrey and Jennifer Smith PARTIES : RESPONDENT Mrs N.L. Clark and Peter Clark

FILE NUMBER(S) : 20274 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal of trees, risk of injury to persons,

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Yang v Scerri [2007] NSWLEC 592

DATES OF HEARING: 26/06/2008

EX TEMPORE JUDGMENT DATE : 26 June 2008

APPLICANT Mr G. and Mrs J. Smith, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Mrs N.L. Clark and Mr P. Clark, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

26 June 2008

20274 of 2008 Geoffrey and Jennifer Smith v Mrs N.L. Clark and Peter Clark

JUDGMENT

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

The consequence of the Court's decsion 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 of 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 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr and Mrs Smith of 102 Murray Farm Road Beecroft concerning two trees located on a property owned by Mr Peter Clark and his mother, Mrs. N. Clark of 6 Marwood Drive Beecroft.