Walter v Pattison [2021] NSWLEC 1260

Land and Environment Court New South Wales

Medium Neutral Citation: Walter v Pattison [2021] NSWLEC 1260 Hearing dates: 12 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application to remove the tree is refused. (2) The application for compensation is refused. (3) Within 60 days of the date of these orders, the respondents are to engage a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to prune the tree to: (a) remove or reduce the longest branches over the applicant's property, removing no more than 10% total live crown mass (see attached photograph for indication of pruning works), and (b) remove all deadwood greater than 20 mm in diameter. (4) In May each year, beginning May 2022, the respondents are to engage a suitably qualified arborist (minimum AQF level 3), with all appropriate insurances, to prune the tree to: (a) remove all deadwood greater than 20 mm in diameter, and (b) remove any branches identified as hazardous, removing no more than 15% total live crown mass. (5) All pruning works ordered above are to be done in accordance with AS4373–2007 'Pruning of amenity trees' and Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work'. (6) The respondents are to give the applicant 7 days' notice in writing of each pruning event ordered above. (7) The applicant is to arrange any access required for each pruning event ordered above to be completed during reasonable hours of the day. (8) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree has caused damage – tree is likely to cause injury – orders for annual pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6(3), 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: AS 4373-2007 'Pruning of amenity trees' Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Janelle Walter (Applicant) Ken Pattison (First Respondent) Shu-Yi Stevenson (Second Respondent) Jessie Stevenson (Third Respondent) Representation: J Walter (Litigant in Person) (Applicant) K Pattison (Litigant in Person) (First Respondent) S-Y Stevenson (Litigant in Person) (Second Respondent) J Stevenson (Litigant in Person) (Third Respondent) File Number(s): 2021/14658 Publication restriction: No