Reid v McRae

Land and Environment Court New South Wales Medium Neutral Citation: Reid v McRae & anor [2016] NSWLEC 1253 Hearing dates:21 June 2016Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction:Class 2Before: Fakes C Decision: See paragraph [21] Catchwords: TREES [NEIGHBOURS]: Damage, potential injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Rural Fires Act 1997 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Jenni Reid (Applicant) Murray McRae and Jennifer Leathem (Respondents) Representation: Applicant: Ms J Reid (Litigant in person) Respondents: Mr M Bull (Agent) File Number(s):150638 of 2016JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of three trees growing on an adjoining property. The applicant also seeks payment of her insurance policy excess and reimbursement for the cost of the application filing fee. In regards to the last element of her claim, Commissioners of the Court do not have the jurisdiction to order payment of legal costs, costs of expert reports, application fees and the like. If sought, claims for these costs must be made by a Notice of Motion, which is heard and determined by a Judge or...