Hayden v Brown [2023] NSWLEC 1060

Land and Environment Court New South Wales

Medium Neutral Citation: Hayden v Brown [2023] NSWLEC 1060 Hearing dates: 07 February 2023 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) The Respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to remove Tree 1 and Tree 3 (as shown in the application) to no more than 300 mm above ground level within 30 days of the date of these orders. The works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (3) The Respondents are to give the Applicant at least 7 days' notice of the tree removal works in (2). (4) The Applicant is to allow reasonable access for the tree removal works in (2) during reasonable hours of the day. (5) The Respondents are to engage and pay for a suitably experienced fencing contractor to repair or replace rails and palings in the two spans of fence damaged by Tree 2 and the one span of fence damaged by Tree 3, and to repair any further fence damage caused by the trees up to and during the tree removal works. (6) The Respondents are to give the Applicant at least 7 days' notice of the fencing works in (5). (7) The Applicant is to allow reasonable access for the fencing works in (5) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to boundary fence – orders for tree removal and fence repairs Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, s 4, Pt 2, ss 7, 10, 12 Texts Cited: Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: William Evan Hayden (Applicant) Phillip William Brown (First Respondent) Jennifer Joy Brown (Second Respondent) Representation: S Cunningham (Solicitor) (Applicant) No appearance (Respondents)