Owners of Strata Plan 5082 v Yu

Land and Environment Court New South Wales Medium Neutral Citation: Owners of Strata Plan 5082 v Yu [2015] NSWLEC 1519 Hearing dates:14 December 2015Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application granted; tree removal ordered Catchwords: TREES [NEIGHBOURS] Damage to property; sewer Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category:Principal judgmentParties: Owners of Strata Plan 5082 (Applicant) Sharon Yu (Respondent) Representation: Applicant: Ms Ann Stevens (Agent) Respondent: Ms Yu (Litigant in person) File Number(s):20566 of 2015JudgmentThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication. COMMISSIONER: At the rear of the respondent’s Bexley property is a very large, mature Eucalypt - possibly Eucalyptus globulus (Southern Blue Gum). The tree overhangs several nearby properties. The applicant has applied under s 7 Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders seeking the removal of the tree, reimbursement of money spent repairing damage to the roof and sewer said to have been caused by the tree, and reimbursement of the costs of the Court filing fee and managing agent’s fee. With respect to the latter, Commissioners do not have the jurisdiction to award costs. Should the applicant wish to do so, a separate Notice of Motion can be filed; this would be heard by a Registrar or Judge of the Court. In applications under Part 2, the key jurisdictional test is found in s 10(2). This states: (2)   The Court...