Shevchenko v Kobayashi [2020] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: Shevchenko v Kobayashi [2020] NSWLEC 1064 Hearing dates: 12 December 2019 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) Within 6 months from the date of these orders, the Melaleuca tree shall be removed to near the ground level of the respondent's property, and the stump poisoned, at the respondent's expense.

(2) After removal of the Melaleuca, the 550mm tall concrete block retaining wall shall be rebuilt by a licenced builder, bricklayer, or landscaper, with all appropriate insurances, applying current construction standards appropriate for a wall approximately 550mm tall. Each party may get up to two quotes for this work from contractors who meet the aforementioned requirements, specified on a 'like for like' basis. Should the parties not agree on a choice of contractor, the cheapest quote shall be chosen. Upon completion of the retaining wall, the applicants shall provide the respondent with a copy of the paid invoice, and the respondent shall reimburse the applicants 50% of the total of this paid invoice within 60 days of receipt of the invoice. Should the parties not agree on the choice of contractor, and the applicants proceed with a contractor who has not provided the cheapest quote, the respondent shall be required to reimburse the applicants for 50% of the cheapest quote. Should the applicants not complete these works, and provide a copy of the paid invoice to the respondent within 6 months of the removal of the Melaleuca, any financial liability on the respondent for this work shall lapse.