Qian v Sandig [2024] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Qian v Sandig [2024] NSWLEC 1137 Hearing dates: 8 December 2023 Date of orders: 22 March 2024 Decision date: 22 March 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Pt 2A application is refused. (2) The Pt 2 application is granted to the extent of the following orders. (3) Within 30 days of the date of these orders, the respondent, or a suitably qualified contractor engaged and paid for by the respondent, is to remove all bamboo on his property that, at ground level, is within 4 metres of the applicants' dwelling. (4) The respondent is to take all reasonable steps to prevent bamboo regrowing within 4 metres (at ground level) of the applicant's dwelling. (5) Within 7 days of the date of these orders, the applicants are to provide the respondent with account details in which they can receive money via Electronic Fund Transfer. (6) Within 14 days of the date of these orders, the respondent is to transfer $2,200 to the applicants' nominated account via Electronic Fund Transfer. (7) The exhibits are returned, except for Exhibits A, B, C and 3. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – bamboo – whether land is adjoining – Pt 2 application – whether neighbouring bamboo has damaged property – whether bamboo should be pruned or removed – whether a root barrier should be installed – compensation – Pt 2A application – bamboo hedge – obstruction of views – whether the obstruction is severe – privacy – whether the bamboo should be pruned or removed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pts 2, 2A, ss 4, 6, 7, 9, 10, 12, 14A, 14B, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, s 4 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Cavalier v Young [2011] NSWLEC 1080 Chan v McDonald [2018] NSWLEC 1692 Dive v Lin [2017] NSWLEC 153 Drewett v Best [2010] NSWLEC 1305 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith v Zhang [2011] NSWLEC 29 Tenacity Consulting v Waringah (2004) LGERA 23; [2004] NSWLEC 140 Texts Cited: Ku-ring-gai Development Control Plan 2023 Category: Principal judgment Parties: Pierre Qian (First Applicant) Ruonan Zhang (Second Applicant) David Sandig (Respondent) Representation: Counsel: P Qian (Self-represented) (First Applicant) R Zhang (Self-represented) (Second Applicant) J Farrell (Respondent)