Goldmann v Malane

The matter before the Court was an application by the Goldmanns for orders in relation to the removal of three Norfolk Island Pines located on the boundary line between the parties' properties. The application was heard in the Local Court of New South Wales. The Goldmanns sought orders for the removal of the trees, repair of the paving damaged by the trees' roots, and contribution to the cost of the repair from Ms Malane.

The legal issues before the Court were whether the Goldmanns were entitled to orders for the removal of the trees and repair of the paving, and if so, what terms those orders should include. The Court considered the evidence and arguments from both parties, including the potential impact of the trees on the Goldmanns' property, the damage to the paving, and the responsibilities of the parties under the Strata Schemes Management Act 1996. The Court also considered the relevant legislation and case law.

The Court held that the Goldmanns were entitled to orders for the removal of the trees and repair of the paving. The Court ordered that Ms Malane was to engage a suitably qualified arborist to remove the trees to ground level, leaving the stumps in the ground, and that the Goldmanns were to provide access for the works. The Court also ordered that the parties were to obtain quotes for the repair of the paving and select a contractor to carry out the works, with the Goldmanns to pay for the works and Ms Malane to contribute 50% of the cost. The Court made further orders in relation to the timing of the works and payment.