Zapata v Strata Plan 42882 [2008] NSWLEC 1218

Land and Environment Court of New South Wales

CITATION : Zapata v Strata Plan 42882 [2008] NSWLEC 1218

APPLICANT Adela Zapata PARTIES : RESPONDENT Strata Plan 42882

FILE NUMBER(S) : 20201 of 2008

CORAM: Fakes AC

KEY ISSUES: Trees (Neighbours) :- Removal of trees, risk of injury to persons, damage to property, erection of a sediment control fence and restrictions of future plantings.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 26/06/2008

EX TEMPORE JUDGMENT DATE : 26 June 2008

APPLICANT Ms A. Zapata, litigant in person LEGAL REPRESENTATIVES:

RESPONDENT Strata Plan 42882, litigant in person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes AC

26 June 2008

20201 of 2008 Adela Zapata v Strata Plan 42882

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decsion in this application is the making of formal orders pursuant to s.9 of the Trees (Disputes Between Neighbours) Act 2006. These orders are not reproduced as part of this decision but a copy of the Court's Orders may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 ACTING COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by Mrs Adela Zapata of 14 Frederick Street Hornsby concerning trees on the common property of Strata Plan 42882 at 12 and 12a Frederick Street Hornsby. Lot 1 (12 Frederick Street) is owned by Mr Stan Denham and Lot 2 (12a Frederick Street) is owned by Mrs Suk Lam. The common property in this matter is the driveway on the western side of the property that adjoins the applicant's property.