The Owners’ Corporation of Strata Plan 2104 v Sciru Pty Ltd [2009] NSWLEC 1428

Land and Environment Court of New South Wales

CITATION : The Owners' Corporation of Strata Plan 2104 v Sciru Pty Ltd [2009] NSWLEC 1428

APPLICANT The Owners' Corporation of Strata Plan 2104 PARTIES : RESPONDENT Sciru Pty Ltd

FILE NUMBER(S) : 20621 of 2009

CORAM: Fakes C

KEY ISSUES: TREES (NEIGHBOURS) :- Removal of three trees, Damage to property and Compensation

LEGISLATION CITED: Trees (Disputes Between Neighbours) Act 2006

CASES CITED: Hansen v Hetherington [2009] NSWLEC 1178

DATES OF HEARING: 14 December 2009

DATE OF JUDGMENT: 22 December 2009

APPLICANT Mr T Sattler (solicitor) SOLICITOR Sattler and Associates Pty Ltd LEGAL REPRESENTATIVES:

RESPONDENT Mr M Abrahamian (solicitor) SOLICITOR Konstan Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Fakes C

22 December 2009

20621 of 2009 The Owners' Corporation of Strata Plan 2104 v Sciru Pty Ltd

JUDGMENT 1 COMMISSIONER: This is an application pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 made by the Owners' Corporation of Strata Plan 2104 of 105 Oaks Avenue Dee Why against the owner of three trees growing at the rear northern boundary of a property at 114 Pacific Parade Dee Why. The owner of that property is Sciru Pty Ltd.

2 Mr Tony Sattler of Sattler and Associates Pty Ltd represented the applicant. Also present on behalf of the applicant were Ms Angalee Cimno, owner of one of the car spaces in question, Ms Samanthea Culshaw, owner of another affected car space, Ms Dorothy Marr, Secretary of the Body Corporate, Ms Barbara Jackson, member of the Body Corporate, and Ms Musson, an owner. Mr Paul Laverty, an arborist was also in attendance.