Liu v Karcher [2022] NSWLEC 1563

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Karcher [2022] NSWLEC 1563 Hearing dates: 23 June 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court Orders that: (1) Within 14 days of the date of these orders, the respondent shall pay the applicant $2369.00, by E.F.T or bank cheque. (2) Within 35 days of the date of these orders, the respondent shall, at his expense, remove Sydney Blue Gum (T1) from his rear yard to near ground level (the works). Regrowth shall be prevented or remedied either by stump grinding or by persistent regrowth removal from the trunk base. The roots shall not be poisoned. (3) The works in Order 2 shall be completed by AQF level 3 qualified arborists, with all appropriate insurances (the arborists), and in accordance with Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016. (4) Should the arborists require access to the applicant's property to undertake the works in Order 2, the applicant shall provide such access upon receipt of at least 48 hours written notice, which details the date and approximate times that works are to commence. (5) All works shall be undertaken during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage incurred as a result of falling branches -apprehension of further damage, and injury Legislation Cited: Trees (Disputes between Neighbours) Act 2006 s7, s8, s9, s10 s12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Parramatta Development Control Plan 2011 Safe Work Australia 'Guide to Managing Risks of Tree Trimming and Removal Work' (July 2016) Category: Principal judgment Parties: Ya Liu (Applicant) Eugene Karcher (Respondent) Representation: Y Liu (Self-represented) (Applicant) E Karcher (Self-represented) (Respondent) File Number(s): 2022/89867 Publication restriction: No