Pollachini v Estate of the late Peter Dimitropoulos (No 2) [2020] NSWLEC 1643

Land and Environment Court New South Wales

Medium Neutral Citation: Pollachini v Estate of the late Peter Dimitropoulos (No 2) [2020] NSWLEC 1643 Hearing dates: 6 August 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The respondent shall provide access to their property, required for the undertaking of these works during reasonable working hours, upon receipt of at least 72 hours' notice provided to them, or their property agent, by email. (2) The respondent shall reimburse Ms Pollachini the sum of $5,060.00, via Electronic Funds Transfer (EFT) or Bank Cheque, within 14 days of receipt of a copy of the paid invoice from one of the three contractors, emailed to either the respondents, or their property agent. (3) Should the works not be completed within six months of the date of these orders, Orders (1) and (2) shall lapse. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree causing damage to driveway and fence – whether damage to house is caused by the tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Pollachini v Estate of the late Peter Dimitropoulos [2020] NSWLEC 1463 Category: Principal judgment Parties: Christine Pollachini (Applicant) Estate of the late Peter Dimitropoulos (First Respondent) Koralia Dimitropoulos (Second Respondent) Representation: C Pollachini (Litigant in person) (Applicant) A Dimitropoulos (Agent) (Respondents) File Number(s): 2020/157642 Publication restriction: No