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牛皮唐僧精又给律师发了封信，我咋一看，以为他又要搞事情，仔细一看，原来他从这件他搞出来的繁杂通信堆里用放大镜找出了他据以为能对自己歌功颂德的地方。律师提醒我，他会用这些来对抗之后的legal costs application。自打牛皮糖暴露了自己的email，现在跟他的通信也迅捷了很多。
我跟律师说，order已经做出，对于牛皮糖的邮件一律不理，后续remedial work我会跟他联系。
本来这种屁事都不愿再多更，但看到好多网友还在追贴，还有看牛皮糖的信也算消遣，顺便练练英语，
牛皮糖邮件如下
The practical importance of the orders is to grant the Respondent protection against those of your client's claims that were dismissed by the Acting Commissioner:
Order 4 grants the Respondent's request that your client take responsibility for promptly notifying the Respondent of bamboo growth. This Order is to remedy your client's breach of s12(h) of the Trees (Disputes between Neighbours) Act by her failure to maintain the area along the boundary fence at all from 2012 until December 2018 and failing to notify the Applicant of growth in that period.
Order 4 also grants the Respondent's request to be able to prune future regrowth on your client's property and not necessarily to remove the boundary fence continually to deal with new growth from the Respondent's property, however unlikely. Your client had not agreed to this approach, not disputing that she wanted the Respondent to continually remove the boundary fence to manage future growth from the Respondent's property.
Order 6 confirms the Respondent's right under s9 of the Act to come onto your client's property to carry out remedial work. Your client denied this right of access in your letters of 3 February 2021 and 26 March 2021. Similarly, your client's letter of 19 April 2021 demanded that the work "must be done by competent contractors" and your client's Affidavit at paragraph 10 states that she is "content for the respondent to engage a suitable contractor to attend to the bamboo...". This order denies your client's claim to bar the Respondent from entering her property since no reason was found to deny the Respondent's right under s9 to access your client's property to carry out remedial and work.
The Acting Commissioner's findings resolve the false claim that the bamboo damaged the weatherboard on your client's property. Your letter of 3 February 2021 falsely states that the bamboo "has contributed to the collapse of a feature wall erected on our client's property". Your letter of 8 March 2021 falsely states that "Your bamboo plants caused or contributed to the collapse of the decoratie fence cladding". The Applicant's Affidavit at paragraph 5 falsely states that the bamboo "in 2018 contributed to the collapse of a feature wall I had affixed to the dividing fence". Fortunately, the Commissioner finally resolved this long standing issue by completely agreeing with the Respondent that no evidence has been produced to suggest a connection between the bamboo and the collapse of the weatherboard.
The Acting Commissioner rejected the claim in your above letters, repeated at the hearing, that the Respondent should consider removing the bamboo from her side of the fence. This claim has been made with knowledge that it would require removal of all the bamboo on the Respondent's property, in breach of Council regulations protecting this bamboo: Tree and Vegetation Preservation clause 5.9(2) under the WLEP 2021 and WDCP C9.
Your submissions at the hearing were not consistent with assertions that the boundary fence is in good condition and does not need repair: Applicant's Affidavit paragraphs 5 and 10, letters of 3 February 2021, 22 February 2021, 8 March 2021 and 26 March 2021. Could you explain this inconsistency?
The offer from the Respondent is more generous in one respect than the Commissioner's orders: the offer is to fill the trench with sand, which will be more effective to prevent future growth than replacing all the soil in the trench. The orders do not authorise the Respondent to take this extra precaution as a result of your client not having accepted the Respondent's offer. The Respondent would not oppose an application to amend this order if required by your client.
With the orders now giving the Respondent the protection that she has requested, could you provide dates for about an hour's access to your client's property to mid-November to assess the scope of the remedial work to be carried out.
因为接下来几周我很忙，没空跟他搞，所以定于下月末，让他来做他的remedial work。
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五香麻辣锅巴 (2007-6-23) datou2z 
楼主:Jasmin365
发表于 2021-10-19 17:06
