Owners Strata Plan 10210 v Zhang [2008] NSWLEC 1499

Land and Environment Court of New South Wales

CITATION : Owners Strata Plan 10210 v Zhang [2008] NSWLEC 1499

APPLICANT Owners Strata Plan 10210 PARTIES : RESPONDENT Xia Mei Zhang

FILE NUMBER(S) : 20690 of 2008

CORAM: Taylor C - Thyer AC

KEY ISSUES: Trees (Neighbours) :- Hearing proceeds without definitive statement of which land some trees are wholly or principally situated upon, Orders made for work with both the applicant and respondent to share costs equally, Orders for concrete on the applicants land to be removed and replaced by lawn or garden to avoid future damage to concrete and to protect the trees, Compensation reduced as damage was little changed from time notice was given to respondent, and there were other causes of damage in addition to the tree, Bird droppings on washing is not property damage caused by the tree.

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

DATES OF HEARING: 9/12/2008

DATE OF JUDGMENT: 9 December 2008

APPLICANT Mr D. Anderson

LEGAL REPRESENTATIVES: RESPONDENT Ms Zhang, litigant in person Mr R. Zhang, agent

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Thyer AC and Taylor C

9 December 2008

20690 of 2008 Owners of Strata Plan 10210 v Ms Xia Mei Zhang

JUDGMENT The extemporaneous decision was given on 9 December 2008. This written judgment includes the findings given on-site, reasons and background information. 1 COMMISSIONERS: The owners of Strata Plan 10210, a block of six units (the Units) at 49 McKern Street Campsie, seek orders for removal of three Camphor Laurel trees. They claim the trees are situated on the adjoining property to the west, 62 Claremont Street Campsie (the property) owned by Ms Zhang.