The Owners – Strata Plan 1868 v Morgan [2021] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 1868 v Morgan [2021] NSWLEC 1313 Hearing dates: 11 March 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The application is granted. (2) The applicant shall, at its expense, employ AQF level 3 qualified arborists, who carry all appropriate insurances, to remove the Schefflera and the Phoenix palm to near ground level, and poison their stumps with Glyphosate, immediately after cutting the trees to near ground level. All refuse shall be removed, and the site thoroughly tidied. The applicant shall carry liability for any damage to the respondent's property that may result from undertaking these works. These works shall be completed within 45 days of the date of these orders. (3) All tree work must comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) The applicant shall, at its expense, employ horticulturists or arborists who hold at least AQF level 3 qualifications, and carry all appropriate insurances, to consult with the respondent as to her choice of two replacement trees, procure trees in 75 litre containers which meet the requirements of AS 2303:2018 Tree stock for landscape use, and plant them in appropriate locations of the respondents choosing, at least 1.5 metres from the shared property boundary. These works shall be completed within 45 days after the date of the tree removals. (5) The respondent shall provide access to her property, for the contractors to undertake the works specified in Orders 2 and 4 upon receipt of at least 72 hours' written notice from the applicant, which details the dates and approximate times that works are to commence. (6) All works shall be carried out during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – apprehension of additional damage to property Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 ss 7, 10, 12 Uniform Civil Procedure Rules 2005, Sch 7 Cases Cited: Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 2303:2018 Tree stock for landscape use Safe Work Australia 'Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: The Owners – Strata Plan 1868 (Applicant) Lisa Morgan (Respondent) Representation: M Ottignon (Agent) (Applicant) L Morgan (Litigant in person) (Respondent) File Number(s): 2020/263339 Publication restriction: No