Huang v Maughan-Cislowski [2024] NSWLEC 1204

Land and Environment Court New South Wales

Medium Neutral Citation: Huang v Maughan-Cislowski [2024] NSWLEC 1204 Hearing dates: 15 April 2024 Date of orders: 15 April 2024 Decision date: 15 April 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application to remove the tree is refused. (2) The application to repair the applicant's path and dwelling is refused. (3) The application to replace the fence is upheld. (4) Within 30 days of the date of these orders, the applicant and the respondent are each to obtain at least one and no more than two quotes from suitable fencing contractors to remove and dispose of the existing fence along the entirety of their common boundary and replace it with a 1.8-metre timber paling fence, adjusting palings and rails as needed to maintain at least 150 mm clearance to all parts of the camphor laurel tree ('the fencing works'). (5) Within 40 days of the date of these orders, the applicant and the respondent are to swap quotes from Order (4) and select the cheapest quote, or another if they so agree. (6) Within 90 days of the date of these orders, the applicant and the respondent are to engage the fencing contractor selected at Order (5) to carry out the fencing works, with a contract for each to pay 50% of the amount quoted for the fencing works. (7) Within 60 days of the date of these orders the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to prune the camphor laurel so that no branches and foliage are within 2 metres of the applicant's dwelling ('the tree works'). The tree works 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. (8) The respondent is to give the applicant 2 days' notice of the tree works. (9) The applicant and the respondent are each to allow all access necessary for the fencing works and the tree works during reasonable hours of the day. (10) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – damage to property – damage to dividing fence – whether tree removal is required – orders for fence replacement and tree pruning Legislation Cited: Dividing Fences Act 1991, s 13A Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10, 12 Cases Cited: Huang v Maughan-Cislowski [2011] NSWLEC 1192 Texts Cited: Australian Standard, AS4373-2007 Pruning of amenity trees, 2007 Burwood Development Control Plan 2023 Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Rebecca Huang (Applicant) Neta Maughan-Cislowski (Respondent) Representation: Counsel: R Huang (Self-represented) (Applicant) T Cislowska (Agent) (Respondent) File Number(s): 2023/445155 Publication restriction: No