Torrez v Clifford [2022] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: Torrez v Clifford [2022] NSWLEC 1495 Hearing dates: 12 September 2022 Date of orders: 12 September 2022 Decision date: 12 September 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 carry out the following pruning works to the tree within 60 days of the date of these orders: (a) remove all deadwood greater than 40 mm in diameter; (b) reduce the length of all branches above the Applicant's property by at least 50%, pruning each branch to a suitable lateral branch where possible; or, where there are no suitable lateral branches, remove the branch back to its branch collar; and (c) remove any other branches identified by the arborist as being likely to fail in the foreseeable future. (3) 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'. (4) If the tree is removed within 60 days of the date of these orders, orders (2) and (3) lapse. (5) The Respondents are to provide the Applicant with at least 7 days' notice of the pruning works ordered above, or of tree removal works if they remove the tree within 60 days of the date of these orders. (6) The Applicant is to provide any access required during reasonable hours of the day to complete tree pruning works ordered above, or tree removal works if the tree is removed within 60 days. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to property – consent already obtained to remove the tree – orders sought for pruning the tree – application granted Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: 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: William Torrez (Applicant) Ross Abraham Clifford (First Respondent) Patricia Margaret Clifford (Second Respondent) Representation: Counsel: H Packham (Solicitor) (Applicant) R Clifford (Self-represented) (First Respondent) P Clifford (Self-represented) (Second Respondent)