Dai v LAM Family Holdings Pty Ltd [2024] NSWLEC 1593

Land and Environment Court New South Wales

Medium Neutral Citation: Dai v LAM Family Holdings Pty Ltd [2024] NSWLEC 1593 Hearing dates: 20 August 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –whether the application was served on the respondent – whether neighbouring trees have caused damage – property maintenance – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Category: Principal judgment Parties: Wu Long Dai (Applicant) LAM Family Holdings Pty Ltd (Respondent) Representation: Counsel: W L Dai (Self-represented) (Applicant) No appearance (Respondent) File Number(s): 2024/14702 Publication restriction: Nil

Judgment

Background 1. COMMISSIONER: Wu Long Dai (the applicant) lives at 36 Oxford Street, Burwood. He 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 a neighbouring tree to be removed or pruned. The tree is on the adjoining property belonging to LAM Family Holdings Pty Ltd (the respondent). 2. The hearing took place onsite, allowing the Court to view the tree and both properties. Mr Dai was self-represented. The respondent did not appear. I bring my own arboricultural expertise to this decision.