The Owners – Strata Plan No 50747 v Zavetsanos [2024] NSWLEC 1671

The Owners – Strata Plan No 50747 v Zavetsanos [2024] NSWLEC 1671

Both bamboo clumps have caused damage to the dividing fence and pose ongoing risks to the applicant's property, as well as severely obstructing sunlight and views from the applicant's building. The applicant made reasonable attempts to resolve the dispute; the balance of interests favours making orders to require...

Source-derived case information.

Parties
Applicant: The Owners – Strata Plan No 50747; First Respondent: Harry Zavetsanos; Second Respondent: Natasha Leist
Jurisdiction
Australia
Judgment Date
23 October 2024
Procedural Posture
Class 2 Application (land and Environment Court) – Trees (disputes Between Neighbours) / Final Judgment
Outcome
Application granted in part; specific orders made for bamboo pruning, removal, ongoing maintenance, installation of root barrier, and fence rectification at respondents' expense.
Legal Topics
Damage to Property by Neighbouring Trees, Obstruction of Sunlight and Views, Remedies Under Trees (disputes Between Neighbours) Act 2006
Property Law Environment Law Damage to Property by Neighbouring Trees Obstruction of Sunlight and Views Remedies Under Trees (disputes Between Neighbours) Act 2006

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Parties

The Owners – Strata Plan No 50747

Applicant

Harry Zavetsanos

First Respondent

Natasha Leist

Second Respondent

Procedural Posture

Class 2 Application (land and Environment Court) – Trees (disputes Between Neighbours) / Final Judgment

Legal Issues

  1. 1 Whether the respondents' bamboo has caused or is likely to cause damage to the applicant's property or dividing fence
  2. 2 Whether the respondents' bamboo severely obstructs sunlight to, or views from, the applicant's property
  3. 3 Whether orders should be made to remedy and restrain damage and obstruction caused by the bamboo

Ratio Decidendi

Both bamboo clumps have caused damage to the dividing fence and pose ongoing risks to the applicant's property, as well as severely obstructing sunlight and views from the applicant's building. The applicant made reasonable attempts to resolve the dispute; the balance of interests favours making orders to require the respondents to prune, remove, contain the bamboo, and repair the fence, remedying both property damage and severe obstructions.

Court Disposition

Application granted in part; specific orders made for bamboo pruning, removal, ongoing maintenance, installation of root barrier, and fence rectification at respondents' expense.

Orders

  • The application is granted to the extent of the specified orders.
  • Respondents to engage a contractor to carry out specified bamboo removal, pruning, and maintenance works within 60 days and annually.