NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Karaboulis v Berbeniuk [2009] NSWLEC 1429
APPLICANT Chris Karaboulis PARTIES : RESPONDENT Juan Berbeniuk
FILE NUMBER(S) : 20824 of 2009
CORAM: Fakes C
KEY ISSUES: TREES (NEIGHBOURS) :- Compensation.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 17 December 2009
EX TEMPORE JUDGMENT DATE : 17 December 2009
APPLICANT Mr M Slattery (solicitor) SOLICITOR Carroll O'Dea Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr T Barbu (solicitor) SOLICITOR Barbu Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
17 December 2009
20824 of 2009 Chris Karaboulis v Juan Berbeniuk
JUDGMENT 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Chris Karaboulis of 17 Handley Avenue Bexley North against Mr Juan Berbeniuk of 15 Handley Avenue.
2 At the directions hearing held at Sutherland Court House on 17th December, Mr Martin Slattery of Carroll O'Dea Lawyers represented the applicant and Mr Tony Barbu of Barbu Lawyers represented the respondent.
3 The application is for compensation of a sum of $25,754.30 plus legal costs and disbursements for the removal and replacement of a garage alleged to have been damaged by a tree growing on the respondent's property. With respect to legal costs, Commissioners do not have jurisdiction to award such costs.
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