Dias v Vaswani [2011] NSWLEC 1274

Land and Environment Court New South Wales

Medium Neutral Citation: Dias v Vaswani [2011] NSWLEC 1274 Hearing dates: 14 September 2011 Decision date: 14 September 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: 1.The applicant is to obtain three quotes from trained horticulturists (minimum AQF level 3) to kill the bamboo present on his property using best industry practice for the removal of environmental weeds. The quotes must include control of the bamboo now, and again in six months' time. 2.The respondents are to select one of the quotes and the applicant is to engage that horticulturist to do the works. 3.The works in (1) must be completed initially within 30 days of the date of these orders and again within six months of the date of these orders. 4.Within 14 days of receiving from the applicant an invoice for the completed works in (1), the respondents are to pay the applicant the amount of that invoice. 5.The respondents are to engage and pay for an AQF level 3 horticulturist to control the bamboo present on their property using best industry practice for the removal of environmental weeds, no sooner than five months and no later than six months from the date of these orders. Catchwords: TREES [NEIGHBOURS]; damage to property; removal ordered; compensation ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152; 72 NSWLR 98; 159 LGERA 280 Category: Principal judgment Parties: APPLICANT J Dias

RESPONDENTS Mr & Mrs Vaswani File Number(s): 20364 of 2011