Hosainy v Rashid

Land and Environment Court New South Wales Medium Neutral Citation: Hosainy v Rashid [2015] NSWLEC 1223 Hearing dates:5 June 2015Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction:Class 2Before: Durland AC Decision: The application is upheld Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage, injury, compensation, tree pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Smith and Hannaford v Zhang & Zhou [2011] NSWLEC 29 Category:Principal judgmentParties: Basera Hosainy (Applicant) Fawaz Rashid (Respondent) Representation: Counsel: Basera Hosainy, litigant in person (Applicant) Fawaz Rashid, litigant in person (Respondent) Solicitors: - File Number(s):20198 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. This is an application pursuant to section 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) concerning a tree located on a property at St Ives. The tree is identified on the application as Tree 1. Ms Hosainy (the applicant) owns and lives in a residential property in the well vegetated suburb of St Ives. The property is located on a steep gradient with steps up from the street frontage to the house and then several steps from the rear of the house to the pool terrace and then more steps up to the rear of the site. In relation to Tree 1, the applicant is seeking orders for the prevention of damage, prevention of injury to a person, payment of costs associated with the carrying out of...