Habusi Pty Ltd v New South Wales Land and Housing Corporation [2024] NSWLEC 1850

Land and Environment Court New South Wales

Medium Neutral Citation: Habusi Pty Ltd v New South Wales Land and Housing Corporation [2024] NSWLEC 1850 Hearing dates: 02 September 2024 Date of orders: 02 September 2024 Decision date: 02 September 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) Without admission and in full and final settlement of the proceedings, within four weeks of the date of these orders: (a) The Respondent, at its own expense, is to grind the stump of the tree the subject of these proceedings, to between 400mm and 600mm below natural ground level. (b) The Respondent is to pay the Applicants $880.00 to the Applicants' nominated bank account. (c) Each party is to pay its own costs of and incidental to these proceedings. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage from tree roots – apprehension of further damage and injury to persons Legislation Cited: Trees (Disputes between Neighbours) Act 2006, Pt 2 ss 7, 8, 9, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Category: Principal judgment Parties: Habusi Pty Ltd (First Applicant) David Polonsky (Second Applicant) Linda Polonsky (Third Applicant) New South Wales Land and Housing Corporation (Respondent) Representation: J Vahl (Agent) (Applicants) C Fryer (Solicitor) (Respondent)

Solicitors: DCJ Legal (Respondent) File Number(s): 2024/235433 Publication restriction: Nil