Owners Corporation of Strata Plan 52066 v Erlikh

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Owners Corporation of Strata Plan 52066 v Erlikh & ors [2015] NSWLEC 1548 Hearing dates:26 November 2015Date of orders: 24 December 2015 Decision date: 24 December 2015 Jurisdiction:Class 2Before: Fakes C Decision: See [34] Catchwords: TREES [NEIGHBOURS] Damage to property; compensation; retaining wall; extent of rectification Legislation Cited: Civil Procedure Act 2005 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Category:Principal judgmentParties: Owners Corporation of Strata Plan 52066 (Applicant) Mr M Erlikh (First respondent) Ms V Erlikh (Second respondent) Mr R Wang (Third Respondent) Representation: Counsel: Applicant: Ms J Reid Respondents: Dr S Berveling   Solicitors: Applicant: G & B Lawyers Respondents: Comino Prassas File Number(s):20604 of 2015Judgment COMMISSIONER: The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of three trees growing on the respondents’ property and the rectification of a sandstone retaining wall and staircase located on the common property of the applicant’s Bellevue Hill premises. The trees in question are growing in the south-western corner of the respondents’ property in close proximity to the common boundary. Tree 1 is a mature Ficus microcarpa var. hillii (Hill’s Weeping Fig), Tree 2 is a dead Eucalypt, and Tree 3 is a mature Cupressus sempervirens (Italian Cypress). An Avocado (Persea americana) is shown on the plans as Tree 4, however its removal is not sought. In...