Rawlings v Marshall [2021] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Rawlings v Marshall [2021] NSWLEC 1268 Hearing dates: 11 May 2021 Date of orders: 11 May 2021 Decision date: 11 May 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application for tree removal is granted. (2) Within 30 days of the date of these orders, or otherwise as soon as it is possible to safely carry out the works considering the nearby damaged asbestos, the respondent is to remove the Swamp Mahogany in the rear garden of his property to no more than 500 mm above ground level. Tree removal works are to be carried out in accordance with Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work'. (3) The respondent is to give the applicant one week's notice of the works via a posted letter. (4) The applicant is to allow any access necessary for the works to be completed. (5) The application for compensation is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree caused damage to neighbouring property during storm – whether the tree owner could have prevented the damage – orders for tree removal – no orders for compensation Legislation Cited: State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6(3), 7, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 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: Vicki Rawlings (Applicant) Philip James Marshall (Respondent) Representation: V Rawlings (Litigant in Person) (Applicant) P Marshall (Litigant in Person) (Respondent) File Number(s): 2021/22023 Publication restriction: No