NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sait v Mason [2007] NSWLEC 293
APPLICANT Murray Sait PARTIES : RESPONDENT Steven and Judith Mason
FILE NUMBER(S) : 20194 of 2007
CORAM: Moore C - Hussey C - Fakes AC
KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Claim for compensation
DATES OF HEARING: 24 May 2007
EX TEMPORE JUDGMENT DATE : 24 May 2007
APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C HUSSEY C FAKES AC
24 May 2007
07/20194 Murray Sait v Steven and Judith Mason
JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
1 COMMISSIONERS: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006. The application was lodged by Mr Sait, an owner of 8 Delando Cresent Marks Point, concerning a number of trees located along the boundary of his property and growing in 6 Delando Cresent. Mr and Mrs Mason own 6 Delando Cresent.
2 When we attended the site, the trees which were the subject of the application had all been removed by Mr and Mrs Mason and no issues remained pressed by Mr Sait with respect to removal of the trees.
3 However, Mr Sait has pressed a claim for compensation for what he says is the damage to his property and costs incurred by him and his wife in rectifying that damage and preventing further damage.
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