Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1199 Hearing dates: 10 May 2012 and 11 July 2012 Decision date: 11 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)Within 90 days of the date of these orders Mr Zhang is to engage a suitably qualified arborist (minimum AQF level 3), having all appropriate insurance, to remove the Norfolk Island Hibiscus to no more than 300 mm above ground level. The work is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3)The applicant is to provide all access necessary for the works in (2) during reasonable hours of the day, given reasonable notice, and may supervise such access. (4)The applicant is to serve, no later than 2 August 2012, a copy of these orders on the owners of 23 Lancelot Street and 22 Illawarra Street, Allawah. (5)Within 90 days of the date of these orders Ms Huynh is to engage a suitably qualified arborist (minimum AQF level 3), having all appropriate insurance, to remove the Camphor Laurel to no more than 300 mm above ground level. The work is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (6)Ms Huynh is to provide the applicant and the owners of 23 Lancelot Street and 22 Illawarra Street, Allawah, with at least 3 working days' notice of the works in (5) and the timing of those works. (7)The applicant and the owners of 23 Lancelot Street and 22 Illawarra Street, Allawah, are to provide all access necessary for the works in (5) during reasonable hours of the day, and may supervise such access. (8) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; application upheld in part; tree removal ordered; compensation dismissed. Cases Cited: Kristeller v Matis [2012] NSWLEC 1027 Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1159 Category: Principal judgment Parties: Strata Plan 4834 (Applicant both matters)