Mamtschak v Kramer [2024] NSWLEC 1132

Land and Environment Court New South Wales

Medium Neutral Citation: Mamtschak v Kramer [2024] NSWLEC 1132 Hearing dates: 15 March 2024 Date of orders: 15 March 2024 Decision date: 15 March 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) The respondent is 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 30 days of the date of these orders: (a) prune the tree to remove all deadwood greater than 40 mm in diameter, remove broken and hanging branches, and prune broken branch stubs back to branch collars; (b) prune the tree to reduce branches over the applicant's property back to suitable lateral branches, removing no more than 15% of total live crown mass. (3) The works in Order (2) are to be done in accordance with AS4373-2007 Pruning of amenity trees and the Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016. (4) The respondent is to give the applicant 7 days' notice of the works in Order (2). (5) The applicant is 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, Pt 2, ss 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry v Olsson [2010] NSWLEC 1302 Texts Cited: Australian Standard, AS4373-2007 Pruning of amenity trees, 2007 Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Lydia Mamtschak (Applicant) Michael Kramer (Respondent) Representation: Counsel: L Mamtschak (Self-represented) (Applicant) S Mamari (Agent) (Respondent) File Number(s): 2023/308031 Publication restriction: No