Calabro v Hartsuyker-Accardi [2022] NSWLEC 1555

Land and Environment Court New South Wales

Medium Neutral Citation: Calabro v Hartsuyker-Accardi [2022] NSWLEC 1555 Hearing dates: 14 April 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurance to prune their Bull Bay Magnolia (Magnolia grandiflora) within 30 days of the date of these orders to provide 1-metre of clearance between its branches and the Applicant's roof. The works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' and AS 4373 'Pruning of amenity trees'. (2) The Respondent is to provide the Applicant with at least 2 days' notice of the works. (3) The Applicant is to provide any access required to complete the works during reasonable hours of the day. (4) Within 30 days of the date of these orders, the Respondent is to pay the Applicant compensation of $2,673.55. (5) The exhibits are returned, other than A, E and 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring trees – damage to terracotta sewer pipe – whether trees have caused or are likely to cause other damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12 Uniform Civil Procedure Rules 2005, r 31.23, Sch 7 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Difford v Davidson [2018] NSWLEC 1612 Fang v Li [2017] NSWLEC 1503 Texts Cited: AS 4373 'Pruning of amenity trees' Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Paulette Calabro (Applicant) Catherine Hilda Hartsuyker-Accardi (Respondent) Representation: Counsel: T Bland (Applicant) M Skinner (Solicitor) (Respondent)