NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ekermawi v Bennett [2009] NSWLEC 1398
APPLICANT Sam Ekermawi PARTIES : RESPONDENT Keith and Leanne Bennett
FILE NUMBER(S) : 20637 of 2009
CORAM: Fakes C
KEY ISSUES: TREES (NEIGHBOURS) :- Removal of tree, compensation, damage to property and risk of injury.
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
CASES CITED: Yang v Scerri [2007] NSWLEC 592 Barker v Kyriakides [2007] NSWLEC 292
DATES OF HEARING: 26 November 2009
EX TEMPORE JUDGMENT DATE : 26 November 2009
APPLICANT Sam Ekermawi (litigant in person)
LEGAL REPRESENTATIVES: RESPONDENT Mr P Mitchel (solicitor) SOLICITOR Johnsons Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
26 November 2009
20637 of 2009 Sam Ekermawi v Keith and Leanne Bennett
JUDGMENT 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mr Sam Ekermawi of 120 Nuwarra Road Moorebank against the owners of a tree growing at 122 Nuwarra Road. The owners of that property are Leanne and Keith Bennett. Mr Peter Mitchell of Johnsons Solicitors represented the Bennetts. Mr Ian Lacy, Legal Services Co-ordinator and Mr John Nichols, Landscape Assessment Officer, from Liverpool City Council (LCC) were in attendance. The applicant had subpoenaed Mr Nichols to attend the hearing.
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