NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Edwards & Munn v Ellis [2008] NSWLEC 1393
APPLICANT Patricia Edwards and Desmond Munn PARTIES : RESPONDENT Dianne Ellis
FILE NUMBER(S) : 20664 of 2008
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- Removal of trees, property damage, compensation for damage
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Yang v Scerri [2007] NSWLEC 592 Nair v Edwards [2006] NSWSC 1310
DATES OF HEARING: 23/09/2008
EX TEMPORE JUDGMENT DATE : 23 September 2008
APPLICANT Ms P. Edwards and Mr D. Munn, litigants in person LEGAL REPRESENTATIVES:
RESPONDENT Ms D. Ellis, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
23 September 2008
20664 of 2008
Patricia Edwards and Desmond Munn v Dianne Ellis
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: Two trees grow on the western side of the front yard of 95 Surf Street, Long Jetty. The tree within 1 m of the street boundary is a Sydney Red Gum. The the other is an English Oak tree located a few metres to the south. The property is owned by Dianne Ellis, and the trees were there, a bit smaller in size when her mother owned the property 30 years ago. Both trees are growing close to the common boundary with 93 Surf Street, Long Jetty, the adjoining property to the west.
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