The Owners - Strata Plan 6636 v Bickley

Land and Environment Court New South Wales Medium Neutral Citation: The Owners - Strata Plan 6636 v Bickley [2015] NSWLEC 1109 Hearing dates:22 April 2015Date of orders: 22 April 2015 Decision date: 22 April 2015 Jurisdiction:Class 2Before: Fakes C Decision: Application upheld – see [10] Catchwords: TREES [NEIGHBOURS] Consent orders; damage to property; apportionment of rectification costs. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Act 2005 Category:Principal judgmentParties: The Owners - Strata Plan 6636 (Applicant) Leslie Bickley (Respondent) Representation: Counsel: Applicant: Mr C Prestipino (Solicitor) Respondent: Mr S Latham (Solicitor) Solicitors: Applicant: Jane Crittenden Lawyer Respondent: Stuart Latham Lawyer File Number(s):20031 of 2015Judgment COMMISSIONER: The applicant has 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 a number of trees growing on an adjoining property in Freshwater, compensation for damage to a retaining wall and garage on the applicant’s land alleged to have been caused by the respondent’s trees, and costs. The parties are seeking consent orders from the Court. Before the Court’s powers under s 9 of the Act can be engaged to make those orders, there are a number of jurisdictional tests that must be satisfied With the benefit of the site inspection I am satisfied that the 10 trees in question are located on the respondent’s land. There is no dispute between the parties that the retaining wall is located on the common boundary and the garage...