Frith v Murnane [2023] NSWLEC 1667

Land and Environment Court New South Wales

Medium Neutral Citation: Frith v Murnane [2023] NSWLEC 1667 Hearing dates: 24 October 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) The respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to carry out the following works within 60 days of the date of these orders: (a) prune the tree to remove all deadwood greater than 40 mm in diameter; (b) prune the tree to remove two branches over the applicants' property and to reduce one other branch (see photos in Annexure A); (c) prune other branches as the arborist sees fit, removing no more than 20% of total live crown mass. (3) The works in (2) are to be done in accordance with AS4373-2007 'Pruning of amenity trees' and the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (4) The respondents are to give the applicants 2 days' notice of the works in order (2). (5) The applicants are to allow all access required for completion of the works in order (2) during reasonable hours of the day. (6) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – risk of damage or injury – whether tree removal is required – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 6, 7, 10, 12 Texts Cited: Australian Standard, AS4373-2007 'Pruning of amenity trees' Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: Abby Sheree Frith (First Applicant) Brendon Leslie Lewis (Second Applicant) Corey Murnane (First Respondent) Velvet Murnane (Second Respondent) Representation: Counsel A Frith (Self-represented) (First Applicant) B Lewis (Self-represented) (Second Applicant) J Ryan (Solicitor) (Respondents)