Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1159 Hearing dates: 10 May 2012 Decision date: 08 June 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: Conclusion that both trees have contributed to damage of the applicant's garage walls and that removal of both trees is appropriate. This would be at the respondents' expense. Requirement that an opportunity be given to the owners of two other properties under the canopy of the Camphor Laurel to be heard on whether or not the Court should make any order for removal of or interference with the tree and on issues of access to that person's property should any order for removal of or interference with the tree be made. The matter has been set down for a further hearing in Court at 3.00pm on 11 July and directions given for service of the relevant documents, including this decision, on the relevant other landowners. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; period of respondents' ownership; contribution of trees to damage; opportunity to be heard to be provided to owners of properties owned by non-parties where there was potential for the orders to impact their properties or to require access to their properties. Legislation Cited: Environmental Planning and Assessment Act 1979 Native Vegetation Act 2003 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Kristeller v Matis [2012] NSWLEC 1027 Category: Principal judgment Parties: APPLICANT Strata Plan 4834 (both matters)