Hooper v Zhang [2022] NSWLEC 1746

Land and Environment Court New South Wales

Medium Neutral Citation: Hooper v Zhang [2022] NSWLEC 1746 Hearing dates: 17 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Class 1 Before: Douglas AC Decision: The Orders of the Court are: (1) Within 40 days of the date of these orders, the Respondent, at his expense, shall employ AQF level 3 qualified arborists, who hold all appropriate insurances, to remove the large dead Ironbark tree from the north-eastern corner of his property. (2) All branches of the tree shall be removed, and the trunks shall be reduced to a maximum height of six (6) metres above ground level. 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 Respondent 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 provide all reasonable access to the Respondent's contracted arborists to complete the works and remove refuse. (6) The tree removal works shall be undertaken during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – large dead Ironbark tree - apprehension of damage and injury Legislation Cited: Biodiversity Conservation Act 2016, Pt 2 Trees (Disputes between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: 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: Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Julie Hooper (Applicant) Fanghui Zhang (Respondent) Representation: J Hooper (Self-represented) (Applicant) F Zhang (Self-represented) (Respondent) File Number(s): 22/332883 Publication restriction: No