Jessup v Watson [2022] NSWLEC 1694

Land and Environment Court New South Wales

Medium Neutral Citation: Jessup v Watson [2022] NSWLEC 1694 Hearing dates: 07 October 2022 Date of orders: 07 October 2022 Decision date: 07 October 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: Orders of the Court are: (1) Within 60 days of the date of these orders, the respondent shall employ AQF level 3 arborists (the arborists), with all appropriate insurance, to prune the broken branch currently resting in the canopy of the Angophora costata to the branch collar approximately. 500mm below the point of partial breakage, in accordance with Clause 7.2.4 (Selective Pruning) of AS4373-2007 Pruning of amenity trees. (2) Within 3 days of the completion of the works in order 1 (the works), the respondent shall email the applicant a copy of a paid itemised invoice for the works. (3) Within 3 days of the receipt of said paid invoice, the applicant shall reimburse the respondent a quantum equivalent to 50% of the total of the invoice, by E.F.T. or bank cheque, provided the total cost of the works is less than or equal to $1628.00, being the cost of the works as specified by Forest Tree Service in their quote 2715 dated 5 July 2022 5/7/2022. (4) Should the cost of the works exceed $1628.00, within 3 days of the receipt of the paid invoice, the applicant shall reimburse the respondent $814.00, being 50% of Forest Tree Services Quote 2715, by E.F.T. or bank cheque. (5) All works shall comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (6) The applicant shall allow access to her property for completion of the works, should it be required by the arborists, upon receipt of at least 48 hours' notice from the respondent, provided to the applicant via email. (7) The works shall be completed during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) - apprehension of damage and injury Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes between Neighbours) Act 2006 ss 6, 7, 8, 10, 12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 McPherson v Lake [2017] NSWLEC 1081 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of amenity trees Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Jennifer Joy Jessup (Applicant) David Dean Watson (Respondent) Representation: A Jessup (Solicitor) (Applicant) D Watson (Self-represented) (Respondent)