Sabellano v Velevski [2022] NSWLEC 1471

Land and Environment Court New South Wales

Medium Neutral Citation: Sabellano v Velevski [2022] NSWLEC 1471 Hearing dates: 26 May 2022 Date of orders: 8 September 2022 Decision date: 08 September 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) Within 28 days of the date of these orders, the respondents shall pay the applicants $10,176.00 by E.F.T. or Bank Cheque, as compensation for plumbing damage. (2) Within 60 days of the date of these orders, the respondents, at their expense, shall remove the Lemon Scented Gum and the Spotted Gum to near ground level and poison their stumps. These works shall be undertaken by AQF level 3 arborists, with all appropriate insurances. (3) Within 90 days of the date of these orders, the existing boundary fence between the properties shall be replaced with a green Colorbond fence, matching the existing green Colorbond fence on the applicants' land. In the first instance, the respondents shall pay the fencing contractor. (4) To facilitate the works in Order 3, each party shall procure up to two quotations from licenced fencers or landscapers with all appropriate insurances. The apportionment of the cost for these works shall be based on the cheapest of these quotations, subject to the chosen contractor satisfying the licencing and insurance requirements of the said order. (5) Within 7 days of the completion of the works in Order 3, the respondents shall provide the applicants with a copy of an itemised paid invoice for the fencing works. (6) Within 7 days after receipt of the paid invoice in Order 5, the applicants shall reimburse the respondents by E.F.T. or Bank Cheque, for a quantum of 50% of the cheapest of the acceptable quotations from licenced, insured contractors, regardless of whether the respondents chose to proceed on the basis of a more expensive quotation. (7) Where access is required to complete these works, or for the purpose of gaining quotations, the applicants shall provide access to the respondents, or contractors employed by the respondents, who have all appropriate insurances, upon receipt of no less than 48 hours written notice of date and approximate time of works. (8) All works shall comply with Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (9) All works shall be completed during normal work hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property - apprehension of further damage, and risk of injury - tree removal and compensation sought Legislation Cited: Dividing Fences Act 1991 Environmental Planning and Assessment Act 1979 Limitations Act 1969 Native Vegetation Act 2003 Trees (Disputes Between Neighbours) Act 2006 s7, 8, 9, 10, 12 Cases Cited: Moroney v John [2008] NSWLEC 32 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4790:2009 - Protection of Trees on Development Sites Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Giselo Sabellano (First Applicant) Gertrudes Sabellano (Second Applicant) Saso Velevski (First Respondent) Mira Velevska (Second Respondent) Representation: G Matthews, Solicitor (Applicants) S Velevski (Self-represented)(First Respondent) M Velevska (Self-represented) (Second Respondent)