Jarrett v Hutchinson [2020] NSWLEC 1365

Land and Environment Court New South Wales

Medium Neutral Citation: Jarrett v Hutchinson [2020] NSWLEC 1365 Hearing dates: 28 May 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 60 days of the date of these orders, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to prune the tree, removing deadwood >50 mm in diameter and any hazardous branches. These works must be carried out in accordance with AS 4373-2007 Pruning of amenity trees and the Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work. (2) Within 90 days of the date of these orders, the respondent is to engage and pay for a suitably experienced contractor to re-align the fence along the common boundary shared by the applicant and the respondent, within six metres of the tree, so that the fence is on the boundary, vertical and stable, and so that there is clearance of at least 100 mm between the fence and all parts of the tree, using suitable methods that maintain a stable fence that is child- and dog-proof. (3) The respondent is to give the applicant at least two days' notice of the works in (1) and (2). (4) The applicant is to allow all access required by the arborist and the fencing contractor to carry out the works in (1) and (2) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to fence – whether the tree caused damage – whether the tree must be removed – whether the fence must be replaced or repaired – who should pay for the works Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: AS 4373-2007 Pruning of amenity trees Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work Wyong Development Control Plan 2013 Category: Principal judgment Parties: Petina Norma Jarrett (Applicant) Julie Hutchinson (Respondent) Representation: P Jarrett (Litigant in person) (Applicant) J Hutchinson (Litigant in person) (Respondent) File Number(s): 2019/395449 Publication restriction: No