NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Yang v Scerri [2007] NSWLEC 592
APPLICANT Miriam Yang PARTIES : RESPONDENT Terrance Wayne Scerri
FILE NUMBER(S) : 20558 of 2007
CORAM: Brown C - Hoffman C - Fakes AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Tree Dispute Principle cl 10(2)(a) damage "likely in the near future"- safety - damage
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 31/08/07
EX TEMPORE JUDGMENT DATE : 31 August 2007
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr S Gates, solicitor SOLICITORS Straton Gates
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C with Hoffman C and Fakes AC
31 August 2007
20367 of 2007 Miriam Yang v Terrance Wayne Scerri
JUDGMENT 1 COMMISSIONERS: This is an application made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by Ms Miriam Yang of 3/3 Russell Street East Dennistone concerning a Sydney Blue Gum (Eucalyptus saligna) (the tree) located close to the common boundary with 5 Russell Street East Dennistone owned by Mr Terrance Wayne Scerri. Mr Scerri lives overseas and was represented by his solicitor Mr Simon Gates and representatives of the leasing agent First National Real Estate Epping.
2 The extemporaneous decision was given on site on 31 August 2007 and the judgment reflects the findings and the background documentation provided as part of the proceedings.
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