NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Clarke v Halloran [2009] NSWLEC 1397
APPLICANT Gregory and Patricia Clarke PARTIES : RESPONDENT John and Suzanne Halloran
FILE NUMBER(S) : 20593 of 2009
CORAM: Fakes C
KEY ISSUES: TREES (NEIGHBOURS) :- Removal of a tree, damage to property and injury to person
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: 25 November 2009
EX TEMPORE JUDGMENT DATE : 25 November 2009
APPLICANT Mr M Lindeman (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Priest McCarron
RESPONDENT John and Suzanne Halloran (litigants in person)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Fakes C
25 November 2009
20593 of 2009 Gregory and Patricia Clarke v John and Suzanne Halloran This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
JUDGMENT 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Patricia and Gregory Clarke of 4 Skye Court Port Macquarie against the owners of a tree growing at 24 Bangalay Drive Port Macquarie. The owners of that property are Suzanne and John Halloran. Mr Matthew Lindeman of Priest McCarron represented Mrs Clarke; Mr Clarke did not attend the hearing.
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