Spence v Syed and Anor [2008] NSWLEC 1331

Land and Environment Court of New South Wales

CITATION : Spence v Syed and Anor [2008] NSWLEC 1331

APPLICANT Joan Spence PARTIES : RESPONDENTS Asif and Rana Syed

FILE NUMBER(S) : 20427 of 2008

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) :-

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 28 July 2008

EX TEMPORE JUDGMENT DATE : 28 July 2008

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENTS In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

28 July 2008

20427 of 2008 Joan Spence v Asif Syed and Anor

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this application is the making of formal orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 . These orders are not reproduced as part of this decision but a copy the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONERS: In the front setback of 12 Armata Court, Wattle Grove, are growing three large Cypress trees approximately 150 to 200 mm from the boundary of that property with the adjacent property at 14 Armata Court owned by Ms Spence.