NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Thronberry & Anor v Packer & Anor [2010] NSWLEC 1069
APPLICANTS John Thornberry Vivien Bruce PARTIES : Liza Bruce
RESPONDENTS Leighton Packer Hannah Merse
FILE NUMBER(S) : 20015 of 2010
CORAM: Fakes C
TREES (NEIGHBOURS) :- Damage to property Compensation KEY ISSUES: Injury to persons Removal and compensation refused Orders for pruning
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Robson v Leischke [2008] NSWLEC 152 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 17/03/10
DATE OF JUDGMENT: 17 March 2010
EX TEMPORE JUDGMENT DATE : 17 March 2010
Mr David Burgan Solicitor Richardson Legal LEGAL REPRESENTATIVES:
Mr Kevin Pearce Solicitor Aubrey Brown Partners
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
17 March 2010
20015 of 2010 Thornberry & anor v Packer & anor
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) made by Mr J Thornberry, Ms V Bruce and Ms L Bruce of 72 Beaufort Road Terrigal against the owners of a tree growing at 36 Cheryl Avenue Terrigal. The owners of that property are Mr L Packer and Ms H Merse. The applicants were represented by Mr D Burgin, solicitor and the respondents by Mr K Pearce, solicitor. Mr R. Kingdom, the applicants' arborist gave evidence at the on-site hearing.
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