Lally v Grubisa [2022] NSWLEC 1279

Land and Environment Court New South Wales

Medium Neutral Citation: Lally v Grubisa [2022] NSWLEC 1279 Hearing dates: 24 March 2022 and 28 April 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) By 31 October 2022, the tree shall be poisoned and removed at the respondents' expense, including grinding of the stump to a depth of at least 300mm. The respondents shall organise appropriate contractors. (2) All tree work is to be completed by qualified arborists (minimum AQF level 3) with all appropriate insurances. (3) All works must comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) The applicant shall provide access to his property, should it be required, for contractors to undertake these works, upon receipt of at least 48 hours written notice from the respondents, of the date and approximate time works are to commence. (5) All works shall occur during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –damage to retaining wall and pavement –apprehension of injury Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006 Pt 2, ss 4, 7, 9, 10, 12 Uniform Civil Procedure Rules 2005, Sch 7 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Black v Johnson (No 2) [2007] NSWLEC 513 Dive v Lin [2017] NSWLEC 1348 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith v Zhang [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: David Lally (Applicant) Kevin Grubisa (First Respondent) Dominique Grubisa (Second Respondent) Representation: D Lally (Self-represented) (Applicant) C Rose (Solicitor) (Respondent)