Harris v Liu [2022] NSWLEC 1466

Land and Environment Court New South Wales

Medium Neutral Citation: Harris v Liu [2022] NSWLEC 1466 Hearing dates: 26 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The Pt 2A application is refused. (2) The Pt 2 application is granted to the extent of the following orders. (3) The Respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to carry out the following works within 30 days of the date of these orders: (a) remove Tree 1 to no more than 300 mm above ground level; (b) prune Tree 2, if it is not removed, to reduce the length of branches above the Applicants' property by reducing them to suitable lateral branches, removing no more than 20% live crown mass; and (c) prune Tree 3 to reduce the length of branches above the Applicants' property by reducing them to suitable lateral branches, removing no more than 20% live crown mass. (4) All tree work is to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' and AS 4373–2007 'Pruning of amenity trees'. (5) The Respondents are to provide the Applicants with at least 2 days' notice of the works. (6) The Applicants are to provide any access required to complete the works during reasonable hours of the day. (7) The application for compensation is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – whether a tree with toxic properties is likely to cause injury – consent already obtained to remove two of three trees – compensation – Pt 2A application – neighbouring trees – obstruction of sunlight – whether trees are planted to form a hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12, Pt 2A, ss 14A, 14B, 14E Uniform Civil Procedure Rules 2005, rule 36.16(3B) Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Wisdom v Payn [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work' (2016) Standards Australia, AS 4373–2007 'Pruning of amenity trees' Category: Principal judgment Parties: Graham Harris (First Applicant) Aida Harris (Second Applicant) Yang Han Liu (First Respondent) Tzeng Jwu-ing Liu (Second Respondent) Representation: Counsel: G Harris (Self-represented) (First Applicant) A Harris (Self-represented) (Second Applicant) No appearance at onsite hearing (Respondents) A Campbell (Agent at telephone hearing) (Respondents) File Number(s): 2022/140730 Publication restriction: No