Zhang v Alzaidi [2021] NSWLEC 1668

Zhang v Alzaidi [2021] NSWLEC 1668

Mr Alzaidi’s request for an extension until early 2022 was refused because he previously argued development was irrelevant, the Court lacked assurance the works would be carried out as he claimed, and he could remove the trees immediately if he wished; however, due to the lapsed timeframe, a limited further three weeks was granted to engage a qualified arborist for the required works.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Notice of Motion – Extension of Time on Orders / Application for Extension of Time – Decision on Notice of Motion
Outcome
Extension of time partially granted; orders amended.
Legal Topics
['enforcement of Court Orders' 'extension of Time' 'tree Disputes']
['environmental Law'] ['enforcement of Court Orders' 'extension of Time' 'tree Disputes']

Case Brief

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Procedural Posture

Notice of Motion – Extension of Time on Orders / Application for Extension of Time – Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to comply with previous orders for tree removal and pruning']

Ratio Decidendi

Mr Alzaidi’s request for an extension until early 2022 was refused because he previously argued development was irrelevant, the Court lacked assurance the works would be carried out as he claimed, and he could remove the trees immediately if he wished; however, due to the lapsed timeframe, a limited further three weeks was granted to engage a qualified arborist for the required works.

Court Disposition

Extension of time partially granted; orders amended.

Orders

  • ['Order (2) in proceedings 2021/45399 Zhang v Alzaidi amended to require engaging and paying a suitably qualified arborist to carry out works by 19 November 2021.' 'If the trees subject to these orders are removed (with any required council consent) before 19 November 2021, the orders lapse.']