Hooley v Maher [2022] NSWLEC 1514

Land and Environment Court New South Wales

Medium Neutral Citation: Hooley v Maher [2022] NSWLEC 1514 Hearing dates: 14 September 2022 Date of orders: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (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 carry out the following works within 30 days of the date of these orders: (a) prune branches (no pruning of stems) of trees T1–T3 to provide clearance of 2 metres above ground level along the Applicants' side of the boundary fence; (b) prune branches (no pruning of stems) of T2 and T3 to provide clearance of 1 metre between the Applicants' garage roof and any branches. (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) The Respondent is to provide the Applicants with at least 2 days' notice of the works. (5) The Applicants are to provide any access required to complete the works during reasonable hours of the day. (6) The application for compensation is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – compensation for damage to pool – lack of evidence – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: Land and Environment Court Practice Note – Class 2 Tree Applications Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' and Standards Australia, AS 4373–2007 'Pruning of amenity trees' Category: Principal judgment Parties: Karen Hooley (First Applicant) Scott Brown (Second Applicant) Lorraine Maher (First Respondent) Representation: Counsel: M Anne (Solicitor) (Applicants) D Learmonth (Solicitor) (Respondent)