Assenheim v Ziaei [2016] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Assenheim v Ziaei [2016] NSWLEC 1483 Hearing dates: 24 October 2016 Date of orders: 24 October 2016 Decision date: 24 October 2016 Jurisdiction: Class 2 Before: Fakes AC Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Potential damage and or injury; tree removed by respondent prior to hearing Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Ricki Assenheim (Applicant) Tahleah Ziaei (Respondent) Representation: Applicant: Mr R Assenheim (Litigant in person) Respondent: Did not attend File Number(s): 236521 of 2016

Judgment 1. COMMISSIONER: The applicant owns a property in Castle Hill. He has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of a Eucalypt from the rear of the respondent's property. The applicant is also seeking reimbursement of the court filing fee. 2. The orders are sought on the basis of concerns about damage to the applicant's property as a result of falling branches and the risk of further damage or injury as a consequence of branch or whole tree failure. 3. The file cover indicates that the respondent did not participate in the directions hearings and nor did they attend the on-site hearing. I am satisfied that the respondent was properly served and had notice of the proceedings. 4. At the hearing, the applicant informed me that some days ago the respondent removed the tree. I observed the stump from the applicant's property. 5. As the tree poses no further risk of damage or injury, the matter is now resolved. 6. In regards to the application fee, Commissioners of the Court do not have the jurisdiction to order payment of legal costs, costs of expert reports, application fees and the like. If sought, claims for these costs must be made by a Notice of Motion, which is heard and determined by a Judge or Registrar of the Court. 7. As a consequence, the Orders of the Court are: 1. The application is dismissed. ________________________ Judy Fakes Acting Commissioner of the Court