Trinh v Hui

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Trinh v Hui & anor [2016] NSWLEC 1046 Hearing dates:12 February 2016Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction:Class 2Before: Fakes C Decision: Application granted in part; tree removal ordered Catchwords: TREES [NEIGHBOURS] Damage and injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category:Principal judgmentParties: Ms S Trinh (Applicant) Mr J Hui and Ms J Chung (Respondents) Representation: Applicant: Mr T Edwards (Agent) Respondents: Mr J Hui (Litigant in person) File Number(s):20041 of 2016Judgment COMMISSIONER: In early January 2016, after a period of very heavy rainfall, several large branches fell from a Liquidambar growing at the rear of the respondents’ property in Pymble. The majority of the branches fell onto the respondents’ property but one fell across the south-eastern corner of the applicant’s dwelling. The applicant has applied under s 7 Part 2 of the Trees (Disputes Between Neighbours) Act 2006 (the Act). The applicant seeks orders for the removal of the branch from her property, compensation for any damage which may have been caused to her dwelling, removal of all branches overhanging her property and proof of insurance of anyone engaged by the respondents to carry out the work. All actions are to be at the respondents’ expense. The hearing was expedited in accordance with s...