Jones v Moser (No 2) [2021] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Jones v Moser (No 2) [2021] NSWLEC 1132 Hearing dates: 29 May 2020; 26 February 2021 Date of orders: 26 February 2021 Decision date: 26 February 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See final orders at [4] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – amendment to orders to facilitate completion Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW), s 9 Cases Cited: Jones v Moser [2020] NSWLEC 1399 Texts Cited: Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Christopher David Jones (First Applicant) Samantha Jane Jones (Second Applicant) Carl Ulrich Mathias Moser (First Respondent) Clare Marie Morrison (Second Respondent) Representation: C Jones (Litigant in person) (Applicants) C Moser (Litigant in person) (First Respondent) C Morrison (Litigant in person) (Second Respondent) File Number(s): 2020/40586 Publication restriction: No

Judgment

Background 1. In proceedings 40586 of 2020, I made orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) in Jones v Moser [2020] NSWLEC 1399. Apart from requiring removal of a tree, the orders required the parties to gain quotes, development consent and certification for replacement of a retaining wall. Due to the complexity of the process, as well as the potential difficulty to satisfy proposed timeframes due to COVID restrictions, the parties were given liberty to relist on two days' notice. 2. During the process of carrying out the orders, the Applicants contacted the Court to explain that the certifier in order (5) required a copy of the nominated contractor's insurance. The process of obtaining quotes and selecting a contractor was set out in order (6). The sequence of the orders did not allow for this. 3. I heard from the parties again on 26 February 2021. The Respondents and the Applicants agreed that the amendments made to orders (5) and (6) should allow the matter to be finalised. The nature and outcomes of the orders remains consistent, but the sequence at orders (5) and (6) has been amended. For clarity, I include the complete orders below. Orders (1)-(5) were completed as at 26 February 2021.