NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gray v Ward [2010] NSWLEC 166
APPLICANTS: Bruce Gray and Julie-Anne Gray PARTIES : RESPONDENTS: Raymond Ward
FILE NUMBER(S) : 20392 of 2010
CORAM: Biscoe J
KEY ISSUES: TREES (NEIGHBOURS) :- appeal on question of law against a decision of a Commissioner under s 7 of the Trees (Disputes Between Neighbours) Act 2006 - Commissioner erred in law in holding that the applicants' contentions were limited to dead branches falling and that there was no evidence of live branches falling – matter remitted to a Commissioner for rehearing.
Land and Environment Court Act 1979, s 56A LEGISLATION CITED: Trees (Disputes between Neighbours) Act 2006, s 7 Uniform Civil Procedure Rules 2005, 50.3
CASES CITED: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
DATES OF HEARING: 6 September 2010
EX TEMPORE JUDGMENT DATE : 6 September 2010
APPLICANT: Dr Bruce Gray (in person) SOLICITORS LEGAL REPRESENTATIVES: n/a RESPONDENT: no appearance SOLICITORS n/a
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
6 September 2010
20392 of 2010
BRUCE GRAY & ANOR v WARD
EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an appeal under s 56A of the Land and Environment Court Act 1979 against a decision of a Commissioner of this Court: Gray v Ward [2010] NSWLEC 1056. As such, the appeal is limited to a question of law. 2 The appeal is uncontested and, indeed, derives support from the evidence before me of one of the respondents, Mr Ward: see [10] below. BACKGROUND 3 The application before the Commissioner was made pursuant to s 7 of the Trees (Disputes between Neighbours) Act 2006 by Dr and Mrs Gray of 34 Bilyard Avenue, Wahroonga against Mr and Mrs Ward in relation to three trees growing at the rear of Mr and Mrs Ward's adjoining property, 30-32 Billyard Avenue. 4 The applicants sought the removal of the three trees because they contended that branches falling from the trees had caused, and continue to cause, damage to their property and were a risk of injury to persons.
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