Buckingham v Ryder [2007] NSWLEC 458

Land and Environment Court of New South Wales

CITATION : Buckingham v Ryder [2007] NSWLEC 458 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Janette Buckingham PARTIES : RESPONDENT Katherine Ryder

FILE NUMBER(S) : 20536 of 2007

CORAM: Moore C

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- A vine is not a "tree" for the purposes of the Act

Trees (Disputes Between Neighbours) Act 2006 Electricity Supply Act 1995 Forestry Act 1916 LEGISLATION CITED: Rural Lands Protection Act 1998 Electricity Supply (General) Regulation 2001 Rural Fires Act 1997 Access to Neighbouring Land Act 2000

CASES CITED: Environment Protection Authority v Hardt (2006) 148 LGERA 61, [2006] NSWLEC 438

DATES OF HEARING: 16, 19 and 25 July

EX TEMPORE JUDGMENT DATE : 25 July 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

25 July 2007

07/20536 Janette Buckingham v Katherine Ryder

JUDGMENT

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

1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). It is made by Ms Buckingham, a resident of 27 Rosedale Street, Dulwich Hill, concerning a number of plants located at the rear of a dwelling located at 66 Windsor Road, Dulwich Hill. That property is owned and occupied by Ms Ryder.