Owners Corporate, Strata Plan 31833 v Hong

Land and Environment Court New South Wales Case Name:  Owners Corporate, Strata Plan 31833 v Hong Medium Neutral Citation:  [2015] NSWLEC 1014 Hearing Date(s):  9 January 2015 Decision Date:  9 January 2015 Jurisdiction:  Class 2 Before:  Fakes C Decision:  Appeal upheld in part; see [23] Catchwords:  TREES [NEIGHBOURS] Damage to property; potential injury Legislation Cited:  Trees (Disputes Between Neighbours) Act 2006 Cases Cited:  Hinde v Anderson & anor [2009] NSWLEC 1148 Category:  Principal judgment Parties:  Owners Corporate, Strata Plan 31833 (Applicant) Mr Xiao Hong (Respondent) Representation:  Counsel: Applicant: Ms Pushpa Sriram (Agent) Respondent: Mr Yuan Lai Hong (Agent) Solicitors: File Number(s):  20378 of 2014 JUDGMENT1 COMMISSIONER:   The applicant is seeking orders for the removal of nine Cocos palms growing on the adjoining property in Marsfield, close to the dividing fence and repair of the fence.The orders are sought on the basis that several of the palms are leaning on the fence and have damaged it. The fence is displaced towards the applicant’s property. Apart from the damaged fence, the applicant contends that the roots of the trees have cracked a retaining wall and concrete paving. The applicant is also concerned that falling fronds may damage cars parked in the driveway.Apart from damage, the applicant is also worried that fronds that are regularly shed by the palms may cause injury to anyone using the pathway over which the palms hang.The applicant has appealed under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). In these appeals,...