Kovacevic v Maras [2020] NSWLEC 1584

Land and Environment Court New South Wales

Medium Neutral Citation: Kovacevic v Maras [2020] NSWLEC 1584 Hearing dates: 19 August 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 30 days of the date of these orders, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3) with all appropriate insurances to prune the large Apple Box ('the tree') near their side boundary to: (a) remove the lowest overextended branches on the southern side of the crown, pruning to the branch collar at the stem; (b) reduce other overextended branches to suitable lateral branches, or prune to the branch collar at the stem if there are no suitable lateral branches; (c) remove deadwood greater than 50 mm in diameter; and (d) inspect the crown during these pruning works and identify and remove any other branches that are likely to fail in the near future. (2) These works must be carried out in accordance with AS 4373-2007 'Pruning of amenity trees' and the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (3) The respondents are to engage the arborist who carries out the pruning works to prepare a brief report describing the completed works. (4) The respondents are to give the applicant at least two days' notice of the works. (5) The applicant is to provide all reasonable access required for completing the tree pruning works during reasonable hours of the day. (6) The respondents are to provide the applicant with a copy of the arborist's report from Order (3) within 14 days of completion of the works. (7) The exhibits are returned apart from Exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage caused by neighbouring tree – whether the tree has damaged the fence – whether the tree is likely to cause damage or injury – implications of proposed development – orders for pruning Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4373-2007 'Pruning of amenity trees' Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) NSW Rural Fire Service, 'Planning for Bush Fire Protection' (November 2019) Safe Work Australia 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Nada Kovacevic (Applicant) Natalie Maras (First Respondent) Nathaniel Maras (Second Respondent) Representation: N Kovacevic (Litigant in person) (Applicant) N Maras (Litigant in person) (Respondents) File Number(s): 2020/94462 Publication restriction: No