Liu v Li [2021] NSWLEC 1376

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Li [2021] NSWLEC 1376 Hearing dates: 22 June 2021 Date of orders: 22 June 2021 Decision date: 22 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 30 days of the date of these orders, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove the cypress (T1 'pine' in the application) and the Pittosporum undulatum in the hedge along his rear boundary to no more than 100 mm 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) If the two trees in order (2) have not been removed within 30 days of the date of these orders, the applicant, within 60 days of the date of these orders, is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove the cypress (T1 'pine' in the application) and the Pittosporum undulatum in the hedge along the respondent's rear boundary to no more than 100 mm 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'. The applicant is to give the respondent 7 days' notice of the time and date of the works. (4) The respondent is to allow all access necessary for the works in (3), should they proceed, during reasonable hours of the day. (5) Within 7 days of receiving a copy of a receipted paid invoice for the works in order (3), should they proceed, the respondent is to pay the applicant the amount of the invoice. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – whether the trees form a hedge – trees do not severely obstruct sunlight to a window – one tree severely obstructs the view – orders for removing two trees in the hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Drewett v Best [2010] NSWLEC 1305 Category: Principal judgment Parties: Fuling Liu (Applicant) Yang Li (Respondent) Representation: F Liu (Litigant in Person) (Applicant) Y Li (Litigant in Person) (Respondent) File Number(s): 2021/57876 Publication restriction: No