Mordaunt v Reynolds [2023] NSWLEC 1244

Land and Environment Court New South Wales

Medium Neutral Citation: Mordaunt v Reynolds [2023] NSWLEC 1244 Hearing dates: 1 February 2023 Date of orders: 1 February 2023 Decision date: 01 February 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 120 days of the date of these orders, the respondents, at their expense, shall remove the Eucalyptus mollucana at the rear of their property to near ground level. The stump shall not be poisoned but may be stump ground. (2) The tree removal works shall be completed by AQF level 3 qualified arborists who hold all appropriate insurances. (3) The tree removal works shall be completed in compliance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) Should access be required into the applicant's property to complete the works or clear up refuse, the applicant shall provide all reasonable access upon receipt of at least 72 hours' notice by email from the respondents, advising the date and approximate start time of the tree removal works. A copy of the contracted arborist's insurance Certificates of Currency shall be attached to the email. (5) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to deck roof and boundary wall – apprehension of further damage, and of injury Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes between Neighbours) Act 2006, ss 7, 8, 9, 10(1)(a), 10(2), 12 Cases Cited: McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4790:2009, Protection of trees on development sites Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Gweneth Mordaunt (Applicant) Danielle Reynolds (First Respondent) Michael Reynolds (Second Respondent) Representation: G Mordaunt (Self-represented) (Applicant) M Reynolds (Self-represented) (Respondents) File Number(s): 22/280884 Publication restriction: Nil