Polycarpou v Mao [2021] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Polycarpou v Mao [2021] NSWLEC 1187 Hearing dates: 16 April 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [20] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –– damage to property caused by neighbouring tree – the tree has been removed – rectification works Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 4(4), 7, 10(1)(a), 10(2)(a), 12 Category: Principal judgment Parties: Nonie Polycarpou (Applicant) Liying Mao (First Respondent) Nan Shao (Second Respondent) Representation: N Polycarpou (Litigant in Person) (Applicant) L Mao (Litigant in Person) (Respondents) File Number(s): 2021/4306 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background to the application 1. Nonie Polycarpou ('the applicant') has applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for rectification of damage to her Broadmeadow property caused by a neighbouring tree. The tree, which has been removed, grew on the adjoining property belonging to Liying Mao and Nan Shao ('the respondents').

History 1. A Camphor Laurel ('the tree') grew on the respondents' land, adjacent to the common boundary with Ms Polycarpou's property, a short distance from their front boundary. 2. During 2018 the applicant noticed cracking and lifting of a concrete path near the tree and tried unsuccessfully to contact the respondents. 3. In July 2019 the applicant wrote to the respondents. This is the first time that the respondents were aware of the damage. 4. In August 2019 the respondents removed the crown of the tree, leaving only the lower stem. The applicant asked for the remainder of the tree to be removed. 5. In January 2021 the remainder of the stem was removed and the stump was ground out. 6. The respondents replaced part of the applicant's path, without her permission.