Berridale Building & Joinery P/L v Zhou Property Management P/L [2022] NSWLEC 1641

Land and Environment Court New South Wales

Medium Neutral Citation: Berridale Building & Joinery P/L v Zhou Property Management P/L [2022] NSWLEC 1641 Hearing dates: 16 August 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application is granted. (2) Within 120 days of the date of these orders, the respondents, at their expense, shall employ AQF level 3 qualified arborists who hold all industry appropriate insurances, to remove the Plane tree in the south-western corner of their property, to near ground level, and poison the stump. All refuse from the tree shall be removed from the site. (3) The tree removal works shall be completed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) The respondents shall provide the applicant with at least 72 hours written notice of the date and approximate start time of the tree removal works. (5) Should it be required, the applicant shall allow all reasonable access for the contracted arborists, who hold all industry appropriate insurances, to complete the works and remove all refuse from the tree from the applicant's property, upon receipt of at least 72 hours written notice. (6) The tree removal works shall be undertaken during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage caused; apprehension of further damage; leaves, fruit and small sticks falling onto garage roof and into gutters Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 1, s 4. Pt 2 ss 7, 9, 10, 12 Cases Cited: Awad v Hardie (No 2) [2010] NSWLEC 1258 Barker v Kyriakides [2007] NSWLEC 292 Chan v McDonald [2018] NSWLEC 1692 Dive v Lin [2017] NSWLEC 1348 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia - Guide to Managing Risks of Tree Trimming and Removal Work (2016) Standards Australia - AS4373-2007: Pruning of amenity trees (2007) Category: Principal judgment Parties: Berridale Building & Joinery P/L (Applicant) Zhou Property Management P/L (First Respondent) Australia Wanjiang P/L (Second Respondent) Representation: K Tietz (Director) (Self represented) (Applicant) R Nevell (Solicitor) (First Respondent) Australia Wanjiang (Self represented) (Second Respondent).