Andelman v The Owners – Strata Plan No 4829 [2019] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: Andelman v The Owners – Strata Plan No 4829 [2019] NSWLEC 1533 Hearing dates: 30 October 2019 Date of orders: 30 October 2019 Decision date: 30 October 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Within 30 days of the date of these orders, the respondent is to engage and pay for a suitably experienced contractor with all appropriate insurances to cut and remove the climbing fig plants growing along the boundary fence shared with the applicants, and poison any remaining parts of the climbing figs. (3) On reasonable notice, the applicants are to allow all access required to complete the works ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – boundary fence – climbing fig is a tree for the purposes of the Trees Act – the climbing fig has only been partly removed – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Trees (Disputes Between Neighbours) Regulation 2019 Category: Principal judgment Parties: Larissa Andelman (First Applicant) Louis Schetzer (Second Applicant) The Owners – Strata Plan No 4829 (Respondent) Representation: Louis Schetzer (Litigant in person) (Applicants) A Devine (Agent) (Respondent) File Number(s): 2019/247843 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.