Owners Strata Plan 40546 v McRae [2023] NSWLEC 1203

Land and Environment Court New South Wales

Medium Neutral Citation: Owners Strata Plan 40546 v McRae [2023] NSWLEC 1203 Hearing dates: 24 January 2023 Date of orders: 24 January 2023 Decision date: 24 January 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) Within 60 days of the date of these orders, the Respondent, at his expense, shall remove the Robinia pseudoacacia (the tree) to near ground level and poison the stump. Should the tree continue to produce root suckers, the tree and the root suckers shall be re-poisoned until the tree is dead. (2) The tree removal works shall be completed by AQF level 3 qualified arborists with all appropriate insurances. (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) Should access be required to the Applicant's property to complete the tree removal works, or to re-poison root suckers, the Respondent shall provide at least 72 hours' notice by email to the Applicant's representative, advising the date and approximate start time of the works. (5) The tree removal works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – current and likely near future damage to driveway – tree removal ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2, s 4, 7,8,9,10,12 Cases Cited: Dive v Lin [2017] NSWLEC 1348 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Stevens v Russell [2016] NSWLEC 1233 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4790:2009, Protection of trees on development sites Inner West Council Tree Management Development Control Plan 2020 Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Uniform Civil Procedures Rules 2005 Category: Principal judgment Parties: Owners Strata Plan 40546 (Applicant) Alexander Christian McRae (Respondent) Representation: Counsel: C Koikas (Applicant) A McRae (Self-represented) (Respondent)