NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Win v Cao [2024] NSWLEC 1003 Hearing dates: 24 August 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –damage to pillars and timber façade – is damage caused by the tree – is there genuine risk of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12, 13, Pt 2A, s 14C Cases Cited: Ball v Bahramali & Anor [2010] NSWLEC 1334 Barker v Kyriakides [2007] NSWLEC 292 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Stevens v Russell [2016] NSWLEC 1233 The Owners – Strata Plan 8412 v The Owners – Strata Plan 64221 [2022] NSWLEC 1452 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Land and Environment Court of NSW, Land and Environment Court Annotated Trees (Disputes between Neighbours) Act 2006, 2013 Category: Principal judgment Parties: Myo Win (Applicant) Thy Bich Cao (First Respondent) Ivan Jerome Chua (Second Respondent) Representation: M Win (Self-represented) (Applicant) I Chua (Self-represented) (First and Second Respondents) File Number(s): 2023/195537 Publication restriction: Nil
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