Wang v Van Niekerk [2018] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Van Niekerk [2018] NSWLEC 1316 Hearing dates: 31 May 2018 Date of orders: 12 June 2018 Decision date: 12 June 2018 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: 1) The claim with respect to the building damage is dismissed. 2) Mrs Van Niekerk is to pay Mr Wang for the full cost of reinstatement of a gently mounded surface over the roots of the 3 m2 rectangle located by measuring a one metre distance from the edge of the major woody root in a south, east and westerly direction. No roots are to be severed or damaged by these works. Mr Wang is to get 3 quotes for these works including removal of about 2.5m2 of the raised concrete pieces, and provide a paid invoice based on the least expensive quote to LJ Hooker within 28 days of the works being completed. Mrs Van Niekerk is to pay the sum of the invoice to Mr Wang within 28 days of receipt of invoice. 3) If such receipt account is not presented to Mrs Van Niekerk within 12 months of the date of this hearing this order lapses. 4) Mrs Van Niekerk is liable to pay $974.50 to Mr Wang within 28 days of the hearing, this being reimbursement of 50% of the Plumbing costs, the invoices of which are included in Mr Wang's application 5) The claim with respect to the tree removal is dismissed. Catchwords: TREES [DISPUTES BETWEEN NEIGHBOURS]: Damage to property; compensation for damage. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Colling v Wilson [2009] NSWLEC 1061 Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Stevens v Russell [2016] NSWLEC 1233 Woo v Chan [2010] NSWLEC 1317 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Andrew Wang (Applicant) Anne Christine Van Niekerk (Respondent) Representation: Counsel: Dr J Smith (Respondent)