Cryan v Dutta [2024] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Cryan v Dutta [2024] NSWLEC 1287 Hearing dates: 21 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Snigdha Dutta is added as the second respondent to these proceedings. (2) The application is upheld to the extent of the following orders. (3) Every 6 months, in June and December of each year, beginning June 2024, the respondents are to engage and pay for a suitably experienced gardener or arborist to prune the Murraya hedge along the northern section of the common boundary they share with the applicant, so that no parts of the trees extend across the common boundary. (4) If the works in order (3) are not completed by the end of each June and December, the applicant may engage and pay for a suitably experienced gardener or arborist to prune the Murraya hedge as per order (3) by the end of the following month (July or January). (5) If the applicant engages a contractor as per order (4), the applicant is to provide the respondents with a copy of the paid invoice within 30 days of the works being completed. (6) If the respondents receive a copy of a paid invoice as per order (5), within 14 days of its receipt they are to pay the applicant the invoice amount. (7) Within 30 days of the date of these orders, the respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with all appropriate insurances to carry out the following works: (a) prune the camellia (Tree 1) to remove branches that extend across the boundary and are within 600 mm of the applicant's garage roof gutter; (b) remove dead fronds from the Cocos palm (Tree 2); and (c) carry out an aerial assessment of the cypress tree (Tree 3) and remove any branches identified as hazardous. (8) The works in order (7) must be carried out 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. (9) The respondents must give the applicant at least 7 days' notice of the works in order (7) and each occurrence of the works in order (3). (10) The applicant is to allow access to his property for the works in orders (3) and (7) during reasonable hours of the day. (11) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring trees – damage to property – risk of injury – nuisance – who is responsible for pruning trees – orders for tree pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 5, 6, 7, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 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: Kevin Cryan (Applicant) Sid Dutta (First Respondent) Snigdha Dutta (Second Respondent) Representation: Counsel: K Cryan (Self-represented) (Applicant) S Dutta (Self-represented) (First Respondent) S Dutta (Self-represented) (Second Respondent) G Stewart (Agent) (First and Second Respondents) File Number(s): 2024/104263 Publication restriction: No