Pollachini v Estate of the late Peter Dimitropoulos (No 2) [2020] NSWLEC 1643

Pollachini v Estate of the late Peter Dimitropoulos (No 2) [2020] NSWLEC 1643

Quantum of compensation and conditions for access are determined in accordance with prior orders and the least expensive compliant quotation, ensuring the remedial works are conducted efficiently and within reasonable notice and timelines.

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Tree Dispute (class 2) / Post Final Orders, Compliance and Quantum Determination
Outcome
Orders made requiring respondent to provide access for works, reimburse applicant $5,060.00, and confirming that orders lapse if works not completed within six months.
Legal Topics
['tree Disputes Between Neighbours' 'compensation for Property Damage' 'access for Remedial Works']
['property' 'environmental Law'] ['tree Disputes Between Neighbours' 'compensation for Property Damage' 'access for Remedial Works']

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Procedural Posture

Tree Dispute (class 2) / Post Final Orders, Compliance and Quantum Determination

Legal Issues

  1. 1 ['Whether the tree is causing damage to driveway, fence, and house' 'Appropriate quantum of compensation for required works' 'Conditions for access and reimbursement']

Ratio Decidendi

Quantum of compensation and conditions for access are determined in accordance with prior orders and the least expensive compliant quotation, ensuring the remedial works are conducted efficiently and within reasonable notice and timelines.

Court Disposition

Orders made requiring respondent to provide access for works, reimburse applicant $5,060.00, and confirming that orders lapse if works not completed within six months.

Orders

  • ["The respondent shall provide access to their property required for the undertaking of these works during reasonable working hours, upon receipt of at least 72 hours' notice provided to them, or their property agent, by email." 'The respondent shall reimburse Ms Pollachini the sum of $5,060.00, via Electronic Funds...