Russell v Parsons [2009] NSWLEC 1026

Land and Environment Court of New South Wales

CITATION : Russell v Parsons [2009] NSWLEC 1026

APPLICANT Shayne Russell PARTIES : RESPONDENT V Parsons

FILE NUMBER(S) : 20982 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: COMPENSATION - TREES (NEIGHBOURS) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280

DATES OF HEARING: 20 January 2009

DATE OF JUDGMENT: 6 February 2009

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr V Parsons, agent

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

6 February 2009

20982 of 2008 Shayne Russell v Mrs V Parsons

JUDGMENT 1 COMMISSIONERS: We reserved our decision at the on-site hearing on 20 January 2009. This written judgement is based on our observations and notes made at the hearing, statements and information provided by the parties at the hearing, and documentation on the court file.

2 Before proceeding to consideration of the substantive issues in this application, there are a number of preliminary procedural matters which need to be explained.

3 The first of these is that the application has been made by Ms Russell as one of the two owners of the properties which had been damaged by the significant failure of a tree. This application was made by her because she was the registered owner of each of the two vehicles for which a compensation claim was made on the basis of damage by trees located on the Parsons' property. Ms Russell's partner, Mr Ramsay, gave an undertaking to the Court that if Ms Russell were to be successful in her claims, he as co-owner of the property would not be pursuing any separate claim and that the claim which she was making was in full satisfaction of any claims that they might jointly have or that he might separately have.