Burnham v Ross [2021] NSWLEC 1339

Land and Environment Court New South Wales

Medium Neutral Citation: Burnham v Ross [2021] NSWLEC 1339 Hearing dates: 2 June 2021 Date of orders: 2 June 2021 Decision date: 02 June 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the orders below. (2) Within 90 days 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 the height of the top of the adjacent fence (or lower if the respondent wishes) and to treat the remaining stump to prevent regrowth. (3) The works in Order (2) are to be done in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (4) The respondent is to give the applicant 7 days' notice of the works. (5) The applicant is to allow any access necessary for the works to be completed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree has caused damage – tree is likely to cause further damage – no suitable alternative to tree removal – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6(3), 7, 9, 10, 12 Texts Cited: Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Christine Burnham (Applicant) Matthew Ross (Respondent) Representation: C Burnham (Litigant in Person) (Applicant) M Ross (Litigant in Person) (Respondent) File Number(s): 2021/46817 Publication restriction: No