Tsai v Pacca [2022] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Tsai v Pacca [2022] NSWLEC 1092 Hearing dates: 16 February 2022 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the orders below. (2) Within 60 days of the date of these orders, but not before the end of February 2022, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3) with all appropriate insurances to remove the cypress tree near the northwest corner of their property and grind out its stump. If at the time of these works all paving material and concrete edging has been removed on the applicant's property within 5 metres of the tree, the respondents are to pay for the contracted arborist to also grind out all surface roots within 4 metres of the tree. The works are to be done in accordance with the guidelines of the Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work'. (3) The respondents are to give the applicant 7 days' notice of the works ordered above. (4) The applicant is to allow any access required to complete the works ordered above during reasonable hours of the day. (5) Within 90 days of the date of these orders the respondents are to plant another tree in accordance with Condition 3 'Replacement Planting' of Ku-ring-gai Council's Tree Permit for Application No. RMTR20/04933 (see Annexure A). (6) If within 6 months of the date of these orders the applicant provides the respondents with a receipted paid invoice for repairs to his front path, the respondents are to pay, within 7 days of receiving the invoice, $1,000 to the applicant, or 50% of the invoice amount if the invoice total is less than $2,000. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring tree – parties agree on removing the tree – parties dispute who should organise and pay for property repair adopting a nuisance – orders for tree removal and root grinding – orders for compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6(3), 7, 9, 10, 12 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Hsiu-Yin Tsai (Applicant) Ottorino Pacca (First Respondent) Catherine Hislop (Second Respondent) Representation: H Tsai (Litigant in Person) (Applicant) O Pacca (Litigant in Person) (First Respondent) C Hislop (Litigant in Person) (Second Respondent) File Number(s): 2021/313263 Publication restriction: No