Tao v Zhang [2023] NSWLEC 1781

Land and Environment Court New South Wales

Medium Neutral Citation: Tao v Zhang [2023] NSWLEC 1781 Hearing dates: 04 September 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The respondents, at their expense, shall employ Australian Quality Framework (AQF) level 3 arborists with all appropriate insurances (the arborists), to remove the tree from their rear yard to around ground level and poison the stump, within 90 days of the date of these orders. (2) 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. (3) The respondents shall email the applicant with at least 72 hours notice of the date and approximate start time of the tree removal works and the applicant shall allow all reasonable access for the arborists to undertake the works and to remove tree debris from the applicant's property. (4) The tree removal works shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – tree deteriorating structurally – damage caused by branch failure – apprehension of further damage and risk of injury to persons – tree removal ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes between Neighbours) Act 2006, ss 7, 8, 9, 10, 12, 13 Cases Cited: McPherson v Lake [2017] NSWLEC 1081 Reuben v Lace [2010] NSWLEC 1024 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Leo Kit Tao (Applicant) Shuran Zhang (First Respondent) Pengxi Chen (Second Respondent) Linyan Wu (Third Respondent) Representation: Counsel: L Tao (Self-represented) (Applicant) P Chen (Self-represented) (Respondents) File Number(s): 2023/209831 Publication restriction: Nil