Cummins v Lyndon [2020] NSWLEC 1527

Land and Environment Court New South Wales

Medium Neutral Citation: Cummins v Lyndon [2020] NSWLEC 1527 Hearing dates: 6 October 2020 Date of orders: 6 October 2020 Decision date: 06 October 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 60 days of the date of these orders, the respondent, at her expense, shall prune the Spotted Gum tree in the front yard, to remove all dead branches greater than 10mm in diameter at the branch collar, which are growing towards or over the common side boundary, or, towards or over the front property boundary. (2) All pruning shall be completed by an AQF level 3 arborist, with all appropriate insurances, and shall comply with AS4373:2007 Pruning of amenity trees. (3) All works shall comply with Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016. (4) The works are to be completed during normal work hours. Should access be required into the applicants' property to undertake these works, such right to access shall be granted, upon receipt of 48 hours' written notice. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) - apprehension of damage and injury Legislation Cited: Trees (Disputes between Neighbours) Act 2006 Cases Cited: Ashworth v Joyce [2007] NSWLEC 357 McPherson v Lake [2017] NSWLEC 1081 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373 Pruning of Amenity Trees Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Jeff Cummins (First Applicant) Sue Cummins (Second Applicant) Jennifer Lyndon (Respondent) Representation: J Cummins (Litigant in person) (First Applicant) S Cummins (Litigant in person) (Second Applicant) J Lyndon (Litigant in person) (Respondent) File Number(s): 2020/206014 Publication restriction: No