NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Osborne v Hook [2008] NSWLEC 1231 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANTS Robin & Nerida Osborne PARTIES : RESPONDENTS Edward & Antonia Hook
FILE NUMBER(S) : 20146 of 2008
CORAM: Moore C - Thyer AC
Compensation - Trees (Neighbours) :- KEY ISSUES: Roots causing damage Requirement for actual or constructive notice Adequacy of opportunity to abate or rectify
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
P Baer investments Pty Limited v University of New South Wales [2007] NSWLEC 128 CASES CITED: Robson v Leischke [2008] NSWLEC 152 Briginshaw v Briginshaw (1938) 60 CLR 336
DATES OF HEARING: 6 June 2008
EX TEMPORE JUDGMENT DATE : 6 June 2008
APPLICANTS Ms M Carpenter, barrister LEGAL REPRESENTATIVES: RESPONDENTS Mr K O'Kane, solicitor Kevin O'Kane & Co
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C THYER AC
6 June 2008
08/20146 Osborne v Hook
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONERS: Mr and Mrs Osborne live at 62 Chapman Avenue, Beecroft - a battleaxe allotment along the eastern boundary of which, at 58 Chapman Avenue, the Hooks reside.
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