Owners Corporation Strata Plan 18958 v Wilton

Land and Environment Court New South Wales Medium Neutral Citation: Owners Corporation Strata Plan 18958 v Wilton [2015] NSWLEC 1368 Hearing dates:9 September 2015Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld in part see [30] Catchwords: TREES [NEIGHBOURS] Damage, injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Libbesson & anor v Martin & anor [2013] NSWLEC 1242 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305, NSWLR 705 Yang v Scerri [2007] NSWLEC 592 Category:Principal judgmentParties: Owners Corporation Strata Plan 18958 (Applicant) Ms L E Wilton (Respondent) Representation: Applicant: Mr G Birtels (Solicitor) Respondent: Mr A Davis (Barrister)   Solicitors: Applicant: Duncan Maclean and Associates Respondent: Paradigm Legal File Number(s):20505 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: The owners of a property in Tamworth have applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking, amongst other things, the removal of three Populus italica ‘Nigra’ (Lombardy Poplar) growing on an adjoining property. Other orders concerning another tree identified as a Pine (Tamarisk aphylla or Athol Pine) and adjoining sections of fence have been resolved by the parties and are no longer pressed. The applicant is also seeking reimbursement of costs, including legal costs. Commissioners do not have the jurisdiction to award such costs. Should the applicant wish to do so, a Notice...