Muir v Owners Corporation SP 35683 [2011] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Muir v Owners Corporation SP 35683 [2011] NSWLEC 1276 Hearing dates: 15 September 2011 Decision date: 23 September 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: 1.The application to remove the tree is dismissed. 2.If the applicant has relaid the paved area between her dwelling and Womerah Lane within six months of the date of these orders, the applicant is to serve the respondent with a receipted account for this work within 28 days of receipt of such account but no later than seven months from today's date. 3.If order (2) is complied with, the respondent is to pay the applicants $1,175 within 30 days of service of the receipted account in order (2). 4.If order (2) is not complied with, order (3) lapses at the expiry of seven months from today's date. 5.The applicant is to cut tree roots within 100mm of the sewer inspection riser, shown in Figure 2 on page 5 of Mr Kokot's report, within 30 days of the date of these orders. The roots are to be cut cleanly with a saw. The roots, beyond where they are cut, are to be removed from the ground. Catchwords: TREES [NEIGHBOURS]; application to remove tree is dismissed; damage to property; paving; sewer pipes; compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category: Principal judgment Parties: APPLICANT B Muir

RESPONDENT Owners Corporation SP 35683 Representation: Applicant B Muir [litigant in person]