Cincotta v Huang and ors [2011] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Cincotta v Huang and ors [2011] NSWLEC 1086 Hearing dates: 8 April 2011 Decision date: 08 April 2011 Jurisdiction: Class 2 Before: Moore SC, Fakes C Decision: 1.The application to remove the tree is dismissed; 2.The application for compensation of an amount of $162 for repairs to a fence is dismissed; 3.The second and third respondents are to engage and pay for an AQF level 3 arborist with appropriate insurance to remove the three branches indicated by red bars on the photograph included in these orders as Annexure A; 4.These branches are to be removed to the point at which they arise from the relevant stem in accordance with AS4373:2007. 5.The work is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry ; 6.The work is to be completed by 14 July 2011; 7.The first respondent is to reimburse the second and third respondents the cost of the branch removal within 28 days of the service on him of a receipted tax invoice for the completed works; 8.The applicant is to engage a licensed roofer or builder to undertake the repairs to the roof and flashing of his garage; 9.The first respondent is to reimburse the applicant a maximum of $748 for the roof repairs within 28 days of service on him of a receipted tax invoice for the completed works; and 10.The roof repairs are to be completed and a receipted invoice for the completed works is to be served on the first respondent by 15 November 2011 otherwise order (9) lapses. Catchwords: Trees (neighbours); damage to property; failure of service of one proposed respondent; tree property sale settling after service of tree dispute claim; conduct of first respondent in failing to disclose claim; leave to cross-claim granted to new owners (second and third respondents); reimbursement ordered to applicant for repairs to be carried out; pruning of dead wood ordered to be undertaken by second and third respondents; costs of reimbursement of applicant and pruning costs of second and third respondents to be paid by first respondent. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: N Cincotta (Applicant) G Huang (First respondent and cross-respondent) S Huang (Second respondent and first cross-claimant) Y Lui (Third respondent and second cross-claimant) Representation: Applicant in person First respondent in person Mr Dai, solicitor (Second and Third respondents) File Number(s): 20950 of 2010