Smith v Patel Family Australia Pty Ltd [2023] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Patel Family Australia Pty Ltd [2023] NSWLEC 1194 Hearing dates: 20 April 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 30 days of the date of these orders, the respondent is to engage 'Above the Rest Tree Care' to remove and mulch the tree identified in their report dated 28 September 2022. (3) Within 24 hours of the date of these orders, the respondent is to transfer into the applicant's solicitor's trust account the sum of $4,850.00 and irrevocably authorise the applicant's solicitor to pay the 'Above the Rest Tree Care' invoice upon receipt for completion of the removal of the tree and the mulching of the tree. (4) The applicant is to retain the tree mulching. (5) Within 24 hours of the date of these orders, the respondent is to pay compensation for the applicant to the sum of $3,049.00 into the applicant's solicitor's trust account. (6) Tree removal works are to be done in accordance with Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (7) Within 3 months of the date of these orders, the respondent is to plant 2 native eucalypts (species indigenous to the area) at suitable locations on their property, at least 3 metres from any boundary. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring tree – risk of damage and injury – tree removal ordered – consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Breen v Caronna [2008] NSWLEC 293 Texts Cited: Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Jane Pamela Smith (Applicant) Patel Family Australia Pty Ltd (First Respondent) Sam Patel (Second Respondent) Representation: M Smith (Solicitor) (Applicant) No appearance (Respondents)