Owners Strata Plan 10210 v Zhang [2008] NSWLEC 1499

Owners Strata Plan 10210 v Zhang [2008] NSWLEC 1499

The Court found the southern tree caused damage and should be removed; the middle and northern trees caused minor damage and risk of injury due to dead wood and should be pruned but not removed. Compensation and costs for specified works should be shared equally, as only part of the applicant's claim related directly to the respondent's trees, and other factors contributed to the property damage.

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing
Outcome
Application upheld in part; orders made for tree removal, pruning, property works, and shared compensation.
Legal Topics
['tree Disputes' 'neighbour Disputes' 'compensation for Property Damage' 'injunctive Relief' 'ownership of Boundary Trees']
['environmental Law' 'property Law'] ['tree Disputes' 'neighbour Disputes' 'compensation for Property Damage' 'injunctive Relief' 'ownership of Boundary Trees']

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Procedural Posture

Application Under Trees (disputes Between Neighbours) Act 2006 / Judgment After Hearing

Legal Issues

  1. 1 ['Cause of damage to sewer, concrete parking area and dividing fence' 'Risk of injury by the trees' 'Location and ownership of the trees' 'Ownership of the concrete parking area' 'Amount of damage since notice to respondent' 'Other causes of damage to the concrete area' 'Mess caused by the trees (leaves, bird droppings)' 'Orders for specific actions' 'Entitlement to compensation' 'Legal costs and costs of subpoenas']

Ratio Decidendi

The Court found the southern tree caused damage and should be removed; the middle and northern trees caused minor damage and risk of injury due to dead wood and should be pruned but not removed. Compensation and costs for specified works should be shared equally, as only part of the applicant's claim related directly to the respondent's trees, and other factors contributed to the property damage.

Court Disposition

Application upheld in part; orders made for tree removal, pruning, property works, and shared compensation.

Orders

  • ['Ms Zhang to pay $779.35 compensation by 31 January 2009 for half sewer costs.' 'Southern Camphor Laurel tree to be removed.' 'Dead wood >25 mm diameter to be pruned from middle and northern trees by qualified arborist, in accordance with Australian Standard AS 4373-2007.' 'Concrete area (~2 m x 1.2 m) near...