NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tunsted v Stead [2009] NSWLEC 1069
APPLICANT Garry Tunsted PARTIES : RESPONDENT Kate Stead
FILE NUMBER(S) : 21231 of 2008
CORAM: Fakes AC
KEY ISSUES: TREES (NEIGHBOURS) :- removal of the trees and the retention and poisoning of the stumps, damage to property and may cause injury to people
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
Yang v Scerri [2007] NSWLEC 592 CASES CITED: Robson v Leischke [2008] LEC 152 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 06/03/2009
EX TEMPORE JUDGMENT DATE : 6 March 2009
APPLICANT Garry Tunsted, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Kate Stead, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC 6 March 2009
21231 of 2008 Garry Tunsted v Kate Stead
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Garry Tunsted who resides at 1 Cedar Drive Townsend but owns a property at 21A Stanley Street Maclean. The application concerns three Cinnamomum camphor (Camphor Laurel) trees located on the northern and rear corner of a property at 17-19 Stanley Street Maclean; the property is owned by Ms Kate Stead.
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