Jones v Cavaliere [2021] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Jones v Cavaliere [2021] NSWLEC 1186 Hearing dates: 15 April 2021 Date of orders: 15 April 2021 Decision date: 15 April 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted. (2) Within four months 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 remove the tree to no more than 60 cm above ground level. 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 applicants at least 2 days' notice of the works. (4) The applicants are to allow any access necessary for the works to be completed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –– damage to property caused by neighbouring tree – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10(1)(a), 10(2)(a), s 12 Texts Cited: Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (2016) Category: Principal judgment Parties: Terrance Jones (First Applicant) Renee Jones (Second Applicant) Daniel Cavaliere (Respondent) Representation: T Jones (Litigant in Person) (First Applicant) R Jones (Litigant in Person) (Second Applicant) D Cavaliere (Litigant in Person) (Respondent) File Number(s): 2021/11753 Publication restriction: No