NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hinde v Anderson and anor (No 2) [2009] NSWLEC 1258
APPLICANT J Hinde PARTIES : RESPONDENTS L & S Anderson
FILE NUMBER(S) : 20167 of 2009
CORAM: Moore SC - Thyer AC
KEY ISSUES: JURISDICTION - TREES (NEIGHBOURS) :-
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
Hinde v Anderson [2007] NSWLEC 847 CASES CITED: Hinde v Anderson and anor [2009] NSWLEC 1148 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 21 July 2009
EX TEMPORE JUDGMENT DATE : 21 July 2009
APPLICANT Mr R Lancaster, barrister INSRTUCTED BY LEGAL REPRESENTATIVES: Deacons
RESPONDENTS Mr P Murray, solicitor Tress Cox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC THYER AC
21 July 2009
20167 of 2009 Hinde v Anderson
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 COMMISSIONERS: On 18 December 2007, Tour C and Fakes AC gave a decision concerning a Chinese Elm tree, the location and nature of the tree and the two properties involved in those proceedings and again in these proceedings are described in their judgement (see Hinde v Anderson [2007] NSWLEC 847) and we do not propose to repeat them for the purposes of this decision.
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