The Owners – Strata Plan 8412 v The Owners – Strata Plan 64221 [2022] NSWLEC 1452

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 8412 v The Owners – Strata Plan 64221 [2022] NSWLEC 1452 Hearing dates: 20 January 2022 Date of orders: 31 August 2022 Decision date: 31 August 2022 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court Orders: 1) The application is granted to the extent of the following orders. 2) The Respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to remove Tree 2 (weeping fig) near the eastern boundary and to grind it stump to at least 200 mm below ground level or otherwise prevent its regrowth. These works are to be completed within 30 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 Respondent is to give the Applicant 5 days' notice of the works in order (2). 4) The Applicant is to allow all access necessary for the works in order (2) during reasonable hours of the day. 5) The exhibits are returned, other than Exhibits A and B, which are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – sewer pipe – no orders for compensation – orders to remove one tree Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Uniform Civil Procedure Rules 2005, r 31.23, Sch 7 Cases Cited: Russell v Primrose [2009] NSWLEC 1298 Whitehouse v Jordan (No 2) [1981] 1 WLR 246 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: The Owners – Strata Plan 8412 (Applicant) The Owners – Strata Plan 64221 (Respondent) Representation: Counsel: R Chen (Applicant) B Nesci (Solicitor) (Respondent)