Dela Cruz v The Owners – Strata Plan No 48059 [2021] NSWLEC 1377

Land and Environment Court New South Wales

Medium Neutral Citation: Dela Cruz v The Owners – Strata Plan No 48059 [2021] NSWLEC 1377 Hearing dates: 23 June 2021 Date of orders: 23 June 2021 Decision date: 23 June 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 30 days of the date of these orders, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove the three Cocos palms along the common boundary with the applicant's property to no more than 500 mm above ground level. The works are to be done in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (3) Within 7 days of receiving a copy of a receipted paid invoice for the works in order (2), the applicant is to pay the respondent one-eighth of the invoice amount. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage and injury – palms – whether damage or injury is likely – who should pay for tree removal Legislation Cited: Land and Environment Court Act 1979, s 22 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: Bankstown Development Control Plan 2015, Pt B11 Category: Principal judgment Parties: Lanina Dela Cruz (Applicant) The Owners – Strata Plan No 48059 (Respondent) Representation: L Dela Cruz (Litigant in Person) (Applicant) Z Hemani (Agent) (Respondent) File Number(s): 2021/103271 Publication restriction: No