NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shilling v McNaught [2008] NSWLEC 1097
APPLICANT Ken Shilling PARTIES : RESPONDENT Garry McNaught
FILE NUMBER(S) : 21197 of 2007
CORAM: Thyer AC
KEY ISSUES: Trees (Neighbours) :- Removal of a tree, risk of injury to persons, property damage
LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006
DATES OF HEARING: 14/02/2008
EX TEMPORE JUDGMENT DATE : 14 February 2008
APPLICANT Mr K. Shilling, litigant in person LEGAL REPRESENTATIVES:
RESPONDENT No appearance
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Thyer AC
14 Febraury 2008
21197 of 2007
Ken Shilling v Garry McNaught
JUDGMENT The decision was given at the hearing on 14 February 2008. This written judgment reflects the findings and the background documentation provided as part of the proceedings. 1 ACTING COMMISSIONER: A large Gum tree growing next door overhangs Mr Shilling's yard and the adjacent public pathway. Mr Shilling remembers the tree as a 2-3 m tall sapling in 1967; it had grown after the area was bulldozed for sewerage and public works. The tree has been dropping dead branches for many years now, and Mr Shilling has removed his BBQ and bird aviary from under the tree in order to avoid damage and injury. Mr McNaught the owner of the tree has denied responsibility for the falling branches, has refused mediation, and did not attend the hearing.
2 Mr Shilling seeks removal of the tree to avoid risk of injury to people and to prevent property damage.
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