Blau v Levi

1. The application with respect to the bamboo is dismissed; 2. The application with respect to the Murraya hedge is dismissed; 3. The application with respect to the containerised plants on the floor of the balcony is dismissed; 4. The application with respect to the containerised plants on the planter box beyond the glass balustrade is upheld in part; 5. The respondents are to engage and pay for an AQF level 3 arborist or horticulturist with appropriate insurances to prune the plants in order 4 to a point 100mm lower than the height of the parapet of the roof of the respondent's dwelling; 6. This work is to be completed within 30 days of the date of these orders; and 7. After compliance with orders 5 and 6, any plants located outside the glass balustrade in order 4 (whether planted in containers or in the planter box) are to be pruned so that they do not exceed the height of the parapet of the roof of the respondent's dwelling.

Tim Moore Judy Fakes Senior Commissioner of the Court Commissioner of the Court