Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1159

Strata Plan 4834 v Zhang; Strata Plan 4834 v Huynh [2012] NSWLEC 1159

The Court found both trees contributed to the damage of the garage walls and, given the likelihood of continued damage, removal of both trees is the most appropriate means to prevent further damage. However, as other property owners may also be affected by removal of the Camphor Laurel, they must be given an opportunity to be heard before any orders are made. Compensation was refused as damage largely predated respondents’ ownership and causation for some claims was not proven.

Jurisdiction
Australia
Judgment Date
08 June 2012
Procedural Posture
Trees Dispute / Interlocutory Decision With Further Hearing Set
Outcome
Both trees to be removed at respondents' expense, subject to further submissions from affected non-party landowners; compensation claim dismissed; matter set for further hearing.
Legal Topics
['trees Disputes' 'damage to Property' 'compensation' 'procedural Fairness']
['environmental Law' 'property Law'] ['trees Disputes' 'damage to Property' 'compensation' 'procedural Fairness']

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Procedural Posture

Trees Dispute / Interlocutory Decision With Further Hearing Set

Legal Issues

  1. 1 ["Whether two trees on neighbouring properties caused damage to the applicant's property" 'Whether the respondents are liable for compensation due to the damage' 'Whether tree removal is an appropriate remedy' 'Whether affected third-party landowners are entitled to be heard before orders affecting the tree are made']

Ratio Decidendi

The Court found both trees contributed to the damage of the garage walls and, given the likelihood of continued damage, removal of both trees is the most appropriate means to prevent further damage. However, as other property owners may also be affected by removal of the Camphor Laurel, they must be given an opportunity to be heard before any orders are made. Compensation was refused as damage largely predated respondents’ ownership and causation for some claims was not proven.

Court Disposition

Both trees to be removed at respondents' expense, subject to further submissions from affected non-party landowners; compensation claim dismissed; matter set for further hearing.

Orders

  • ['Applicant to serve relevant documents on owners of 23 Lancelot Street and 22 Illawarra Street, Allawah by 21 June 2012.' 'Applicant to file proof of service by 28 June 2012.' 'Affected owners may apply to be heard regarding removal of Camphor Laurel and access by 11 July 2012.' 'Matter set down for a further...