Ladlow v Taylor [2023] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Ladlow v Taylor [2023] NSWLEC 1159 Hearing dates: 17 January 2023 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Douglas AC Decision: The orders of the Court are: (1) Within 45 days of the date of these orders, the Respondents, at their expense, shall prune 2 dead branches which are protruding towards the Applicant's land. One branch is approximately 3 metres long x 60mm at its branch collar, and the other is approximately 2.5 metres long x 30mm at its branch collar. (2) The pruning shall be completed by an AQF level 3 qualified arborist with all appropriate insurances, and in compliance with AS4373:2007, Pruning of amenity trees. (3) The pruning shall be completed in accordance with the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) Should access to the Applicant's property be required to undertake the pruning works, the Applicant shall grant all reasonable access upon receipt of at least 72 hours written notice by email from the Respondents, advising the date and approximate start time of the works. (5) The pruning works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage and injury – leaves, fruit and small sticks falling onto paved surfaces Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 McPherson v Lake [2017] NSWLEC 1081 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 Standards Australia, AS4373-2007: Pruning of amenity trees Category: Principal judgment Parties: Jeffrey Walter Ladlow (Applicant) Christopher Taylor (First Respondent) Janelle Taylor (Second Respondent) Representation: J Ladlow (Self-represented) (First Applicant) C Taylor (Self-represented) (First Respondent) J Taylor (Self-represented) (Second Respondent) File Number(s): 2022/306831 Publication restriction: Nil