NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Coutts v Haydon [2007] NSWLEC 863
APPLICANT Stephen Coutts PARTIES : RESPONDENT Paul Haydon
FILE NUMBER(S) : 21029 of 2007
CORAM: Fakes AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Removal of a tree
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 20/12/2007
EX TEMPORE JUDGMENT DATE : 20 December 2007
APPLICANT Mr S. Coutts, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Haydon, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes AC
20 December 2007
21029 of 2007 Stephen Coutts v Paul Haydon
JUDGMENT
1. This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Stephen Coutts of 18B Railway Crescent Lisarow concerning a dead tree in a property owned by Mr Paul Haydon at 16 Railway Crescent Lisarow.
2. Mr Coutts is seeking the removal of the tree he contends that is poses a risk to persons and property.
3. The tree was viewed from both properties. The tree appears to have been dead for some time and the branches that remain appear to be quite degraded and are likely to continue to fail. The tree supports a termite colony. The tree overhangs the applicant's property.
4. The respondent did not contest its removal.
5. Under s10.2 of the Act, the Court must be satisfied that the tree has caused, is causing, or could, in the near future, cause damage to property or injury to persons.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate