Anvari v Strata Plan 12974

Land and Environment Court New South Wales Medium Neutral Citation: Anvari v Strata Plan 12974 [2016] NSWLEC 1004 Hearing dates:26 November 2015Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction:Class 2Before: Galwey AC Decision: The application is upheld. See orders at paragraph 23. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage or injury; hedge; obstruction of sunlight and views; respondent’s intention to remove trees relies on council permission; orders for tree pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Category:Principal judgmentParties: Farshid Anvari (Applicant) Owners Corporation, Strata Plan 12974 (Respondent) Representation: Farshid Anvari and Hien Tran, litigants in person (Applicant) Mr O’Connor, counsel (Respondent) Sachs Gerace Broome, solicitors (Respondent) File Number(s):20838 of 2015JudgmentBackground Mr Anvari and Ms Tran have lived at Russell Lea since 2002. During that time they have seen trees grow on the land to their west, on which a multi-dwelling townhouse development is situated. Mr Anvari (‘the applicant’) has filed an application with the Land and Environment Court. His application includes an intricate array of claims and orders covering tree pruning and removal, compensation and rectification works pursuant to both Part 2 (trees causing damage or injury) and Part 2A (hedges obstructing sunlight or views) of the Trees (Disputes Between Neighbours) Act 2006 (‘the Trees Act’). I have simplified the claims and orders in the following table. The Owners’ Corporation of Strata Plan 12974 (‘the respondent’) was represented at the hearing by Mr O’Connor. The respondent obtained...