Owners Strata Plan 31839 v Alafaci

Land and Environment Court New South Wales Medium Neutral Citation: Owners Strata Plan 31839 v Alafaci & anor [2016] NSWLEC 1083 Hearing dates:9 March 2016Date of orders: 09 March 2016 Decision date: 09 March 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted; tree removal ordered Catchwords: TREES [NEIGHBOURS] Damage to property, risk of injury; consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Ghazal v Vella (No. 2) [2011] NSWLEC 1340 Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSW 152; (2008) LGERA 280 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category:Principal judgmentParties: Owners Strata Plan 31839 (Applicant) Mr L Alafaci and Ms S Lee-Smith (Respondents) Representation: Applicant: Mr B Gibson (Agent) Respondents: Mr T Orlizki (Solicitor)     Solicitors: Respondents: Kent Attorneys File Number(s):21143 of 2015Judgment COMMISSIONER: The applicants have applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking the removal of one tree and the pruning of other trees growing on the adjoining property in Belmore. The parties have proposed consent orders to allow for the removal of one tree. Before the Court can agree to the orders proposed by the parties, the Court’s jurisdiction to do so must be engaged. The key jurisdictional test is found in s 10(2). This states: (2)   The Court must not make an order under this Part unless it is satisfied that the tree concerned:(a)   has caused, is...