Body Corporate for ‘Padstow Place CTS 46532' v Ajhj Property Nominee Pty Ltd

In this matter, the Body Corporate for ‘Padstow Place CTS 46532’ brought proceedings against AJHJ Property Nominee Pty Ltd, seeking orders for the removal or trimming of certain trees on the defendant's property that were causing interference with the plaintiff's property. The dispute was heard and determined in the NSW Civil and Administrative Tribunal. The primary issue for the Tribunal was whether the trees on the defendant's property were causing substantial, ongoing and unreasonable interference with the plaintiff's property, and if so, whether the trees should be trimmed or removed. Another issue considered by the Tribunal was whether it was in the interest of justice for an award of costs to be made to the plaintiff, given the delays and expenses caused by the defendant’s disregard of most directions.

The Tribunal found that the trees on the defendant’s property were indeed causing substantial, ongoing and unreasonable interference with the plaintiff’s property, and ordered that certain trees be removed or trimmed accordingly. The Tribunal noted that the defendant had disregarded most directions given to it, which had caused delay and expense. In light of this, the Tribunal considered it appropriate to award costs to the plaintiff. The Tribunal held that the defendant was to pay the plaintiff $10,239 in respect of the costs of the proceedings.

In conclusion, the Tribunal made several orders to address the interference caused by the trees on the defendant's property. The defendant was ordered to remove or trim certain trees, and to pay the plaintiff's costs of the proceedings. If the defendant failed to carry out the tree work as required by the orders, a suitably qualified contractor could be authorised to enter the defendant's land to perform the work, and the plaintiff would be entitled to recover the costs from the defendant.