Mildred v Steinhauer; Lee v Steinhauer [2023] NSWLEC 1165

Land and Environment Court New South Wales

Medium Neutral Citation: Mildred v Steinhauer; Lee v Steinhauer [2023] NSWLEC 1165 Hearing dates: 17 November 2022 Date of orders: 11 April 2023 Decision date: 11 April 2023 Jurisdiction: Class 2 Before: Sheridan AC Decision: Proceedings 2021/249664 The Court orders: (1) The application for compensation is refused. (2) The application to remove the tree is granted. (3) The Respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to remove the tree to ground level. (4) The works are to be done in accordance with the Safe Work Australia (2016) 'Guide to Managing Risks of Tree Trimming and Removal Work'. Tree removal is to be completed within 60 days of the date of these orders. (5) All works are to be completed during normal work hours. Should access be required into the Applicants' properties to undertake these works, or for removal of refuse, such right to access shall be granted, subject to 48 hours written notice. Proceedings 2022/252521 The Court orders: (1) The application for compensation is refused. (2) The application to remove the tree is granted. (3) The Respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to remove the tree to ground level. (4) The works are to be done in accordance with the Safe Work Australia (2016) 'Guide to Managing Risks of Tree Trimming and Removal Work'. Tree removal is to be completed within 60 days of the date of these orders. (5) All works are to be completed during normal work hours. Should access be required into the Applicants' properties to undertake these works, or for removal of refuse, such right to access shall be granted, subject to 48 hours written notice. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) — Is the tree causing damage to the applicant's sewer pipes – is the tree likely to cause such damage in the near future – does the tree present a genuine risk requiring mitigation – is tree removal an appropriate intervention – do benefits from tree exceed the imperative to intervene Legislation Cited: Land and Environment Court Act 1979, s 56A Trees (Disputes Between Neighbours) Act 2006, Pts 1, 2, ss 4, 5, 7, 9, 10, 12 Uniform Civil Procedure Rules 2005, Sch 7 Cases Cited: Barker v Kyriakides [2007] NSWLEC 29 Mildred v Steinhauer [2022] NSWLEC 88 Mildred v Steinhauer [2022] NSWLEC 1148 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: Proceedings 2021/249664 Giles Mildred (Applicant) Erna Steinhauer (Respondent)