NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Agius v Forrester [2007] NSWLEC 857
APPLICANT Maurice Agius PARTIES : RESPONDENT Esabel Forrester
FILE NUMBER(S) : 20822 of 2007
CORAM: Moore C - Fakes AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :-
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128; Hornsby Shire Council v Malcolm (1986) 60 LGRA 429; CASES CITED: Yang v Scerri [2007] NSWLEC 592; Barker v Kyriakides [2007] NSWLEC 292; Wyong Shire Council v Shirt (1980) 146 CLR 40
DATES OF HEARING: 5 December 2007
EX TEMPORE JUDGMENT DATE : 5 December 2007
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C FAKES AC
5 December 2007
07/20822 Maurice Agius v Esabel Forrester
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONERS: This is an application pursuant to s7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by Mr Agius of 51 Hunter Street, Riverstone concerning a Lemon Scented Gum (Cymbria citriodoria) (the tree) located on the adjacent property at 42 Railway Terrace. Mrs Forrester owns the property upon which the tree is located.
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