Mace v Graham [2007] NSWLEC 485

Land and Environment Court of New South Wales

CITATION : Mace v Graham [2007] NSWLEC 485

APPLICANT Robbie-Anne Mace PARTIES : RESPONDENT Necia Graham

FILE NUMBER(S) : 20493 of 2007

CORAM: Moore C - Thyer AC

KEY ISSUES: Trees (Neighbours) - Neighbour Application :- Nuts and palm fronds

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Barker v Kyriakides [2007] NSWLEC 292

DATES OF HEARING: 30 July 2007

EX TEMPORE JUDGMENT DATE : 30 July 2007

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C THYER AC

30 July 2007

07/20493 Robbie-Anne Mace v Necia Graham

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 Act) concerning two trees located on a property at 8 Judd Street, Mount Hutton. This property is owned by Ms Necia Graham.

2 The trees are Cocos Palms (Arecastrum romanzoffianum) (the trees).

3 The application has been made by Ms Robbie-Anne Mace, the neighbour to the east. Her application seeks orders from the Court for "the trees to be totally cut down".

4 The relevant provisions of s 10(2)(a) and (b) of the Act require that the Court be satisfied that one or more of four conditions are met, with respect to each tree subject of an application, before the Court has jurisdiction to consider the application concerning that tree.