Watt v Menz [2023] NSWLEC 1808

Land and Environment Court New South Wales

Medium Neutral Citation: Watt v Menz [2023] NSWLEC 1808 Hearing dates: 04 December 2023 Date of orders: 04 December 2023 Decision date: 04 December 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 14 days of the date of these Orders, the respondents shall pay the applicant $280.00 by Electronic Fund Transfer (E.F.T) as compensation for pool shed damage. (2) The tree has two pairs of trunks, which meet at co-dominant junctions. The respondents, at their expense, shall employ Australian Qualification Framework (AQF) level 3 arborists with all appropriate insurances (the arborists), to prune the trunk which, of the four, is leaning and growing over the applicant's pool, down to the highest major co-dominant stem junction. The works shall be completed within 90 days. (3) Within 7 days of completion of the works in Order (2), the respondents shall email the applicant a paid itemised invoice for the works. Within 7 days of receipt of the paid itemised invoice, the applicant shall transfer the sum of 25% of the total of the paid invoice to the respondents by E.F.T. (4) All pruning works shall comply with AS4373:2007 - Pruning of amenity trees and the Safework Australia, Guide to managing the risks of tree trimming and removal works, 2016. (5) The applicant shall allow all reasonable access for the arborists to complete the works upon receipt of 72 hours' notice by email. (6) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to pool shed roof – apprehension of further damage, and of injury to persons Legislation Cited: Trees (Disputes between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 McPherson v Lake [2017] NSWLEC 1081 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS 4373—2007 Australian Standard Pruning of amenity trees, 2007 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Maree Watt (Applicant) Scott Menz (First Respondent) Fiona Menz (Second Respondent) Ellie Menz (Third Respondent) Representation: M Watt (Self-represented) (Applicant) F Menz (Self-represented) (Second Respondent) E Menz (Self-represented) (Third Respondent) File Number(s): 2023/312696 Publication restriction: Nil