Strachan v Georgy [2021] NSWLEC 1068

Land and Environment Court New South Wales

Medium Neutral Citation: Strachan v Georgy [2021] NSWLEC 1068 Hearing dates: 3 February 2021 Date of orders: 3 February 2021 Decision date: 03 February 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 30 days of the date of these orders the respondent is to engage a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to remove all privet trees growing against the western boundary fence (shown in the application as T1 and multiple stems of T2/T3) to no more than 20 cm above ground level. The stumps must be immediately treated with herbicide, ground out, or otherwise treated to prevent regrowth. The works are to be done in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (3) The respondent is to give the applicant at least 2 days' notice of the works. (4) The applicant is to allow any access required to their property for the purpose of cleaning up debris. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to fence and lawn – not all trees have caused damage – removal of some trees to prevent further damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Sandra Strachan (Applicant) Sophie Georgy (Respondent) Representation: S Strachan (Litigant in Person) (Applicant) S Georgy (Litigant in Person) (Respondent) File Number(s): 2020/300609 Publication restriction: No