Stapleton & Anor v Mowbray [2009] NSWLEC 1245

Land and Environment Court of New South Wales

CITATION : Stapleton & Anor v Mowbray [2009] NSWLEC 1245 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Janice Stapleton & Anor PARTIES : RESPONDENT Peggy Mowbray

FILE NUMBER(S) : 20332 of 2009

CORAM: Fakes AC

KEY ISSUES: TREES (NEIGHBOURS) :- removal of Tree 1, damage to property, pruning back to their trunks of overhanging branches from trees 2 and 3,

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: 15 July 2009

EX TEMPORE JUDGMENT DATE : 15 July 2009

APPLICANT Ms J Stapleton (litigant in Person) LEGAL REPRESENTATIVES:

RESPONDENT Ms P Mowbray (litigant in Person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC 15 July 2009

20332 of 2009 Janice Stapleton & Anor v Peggy Mowbray

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Ms Janice Stapleton and Ms Patricia Connelly of 87 Bateau Bay Road Bateau Bay against the owner of three trees growing at 89 Bateau Bay Road. The owner of that property is Ms Peggy Mowbray who was assisted at the on-site hearing by her daughter Ms Lee Mowbray. Also present at the on-site hearing were Mr Ian Hills and Mr Bradley Magus, Tree Management Officers from Wyong Shire Council.