The Owners – Strata Plan 94255 v Luu [2022] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 94255 v Luu [2022] NSWLEC 1265 Hearing dates: 18 May 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted. (2) The Respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to remove both trees T1 and T2 to no more than one metre above ground level within 60 days of the date of these orders. Tree removal work is to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (3) The Respondents are to provide the Applicant with at least 2 days' notice of the works. (4) The Applicant is to provide any access, other than access for heavy trucks and equipment in the driveway, required to complete the works during reasonable hours of the day. (5) Within 90 days of the date of these orders the Respondents are to plant two native trees on their property at least 2 metres from any boundary. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage to property – debris – risk of injury – removal of two trees – who should pay for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Category: Principal judgment Parties: The Owners – Strata Plan 94255 (Applicant) Bich Ngoc Luu (First Respondent) Xieu Kien Luu (Second Respondent) Representation: Counsel: C Lim (Agent) (Applicant) B Luu (Self-represented and Agent) (First and Second Respondents) File Number(s): 2022/74583 Publication restriction: No