NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Liu v Jiang [2021] NSWLEC 1571 Hearing dates: 20 July 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: Orders – see [48] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – retaining wall along boundary – whether trees have damaged the retaining wall – whether the retaining wall needs rebuilding – whether trees need to be removed – other causes of damage – acts and omissions of the parties – apportionment of costs – orders for tree removal and rebuilding retaining wall Legislation Cited: Conveyancing Act 1919, s 177 Dividing Fences Act 1991, ss 3, 7, 8, 13A Land and Environment Court Act 1979, s 22 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Jones v Moser (No 2) [2021] NSWLEC 1132 Texts Cited: Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Willoughby Development Control Plan Category: Principal judgment Parties: Pucheng Liu (Applicant) Fan Frank Jiang (First Respondent) Hua Holly Ye (Second Respondent) Representation: Counsel: R Chen (Applicant) L James (Respondents)
Solicitors: PM Legal Services (Applicant) Wang Fang & Co Legal (Respondents) File Number(s): 2021/74609 Publication restriction: No
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