Perich v Wu [2024] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Perich v Wu [2024] NSWLEC 1158 Hearing dates: 29 January 2024 Date of orders: 29 January 2024 Decision date: 29 January 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 60 days of the date of these orders, the respondents, at their expense, shall remove the Cupressus macrocarpa 'Brunniana' (the tree) which overhangs the applicant's dwelling, from near the common boundary in the respondents' front yard, to near ground level. (2) The works in Order (1) shall be undertaken by Australian Qualification Framework (AQF) level 3 arborists with all appropriate insurances (the arborists). (3) The respondents shall provide the applicant with at least 72 hours emailed notice of the date and approximate start time of the works and shall attach a copy of the arborists' qualifications and insurance Certificates of Currency to such email. (4) The tree works shall comply with Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016, and shall be undertaken during reasonable daytime working hours. (5) The applicant shall provide the arborists with all required access to undertake the tree removal. The application is granted. Orders at [24]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage from falling branch – apprehension of further damage and injury to persons Legislation Cited: Trees (Disputes between Neighbours) Act 2006 Pt 2 ss 7, 8, 9, 10, 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: Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016 Category: Principal judgment Parties: Katie Perich (Applicant) Jennifer Wu (First Respondent) Grace Wu (Second Respondent) Representation: K Perich (Self-represented) (Applicant) Non-appearance (Respondents) File Number(s): 23/349789 Publication restriction: Nil