NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Aguis v Forrester [2008] NSWLEC 1434
APPLICANT Maurice Aguis PARTIES : RESPONDENT Isabel Forrester
FILE NUMBER(S) : 20833 of 2008
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- Damage to property, injury to person and pruning of trees
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
Aguis v Forrester [2007] NSWLEC 857 CASES CITED: P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Hornsby Shire Council v Malcolm (1968) 60 LGRA 429 Yang v Scerri [2007] NSWLEC 592
DATES OF HEARING: 16/10/2008
EX TEMPORE JUDGMENT DATE : 16 October 2008
APPLICANT Mr M. Aguis, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT Ms I. Forrester, litigant in person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
16 October 2008
20833 of 2008 Maurice Aguis v Isabel Forrester
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 ACTING COMMISSIONER: This application concerns a Lemon Scented Gum tree growing on the property at 42 Railway Terrace, Riverstone. The tree has previously been the subject of an application for pruning or removal and compensation (Aguis v Forrester [2007] NSWLEC 857) and an application for extension of time in which to appeal the decision in that case (Aguis v Forrester [2007] NSWLEC 857). Both those applications were dismissed.
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