Brown v Alexander [2023] NSWLEC 1810

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Alexander [2023] NSWLEC 1810 Hearing dates: 20 February 2024 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The respondent shall pay the applicant $700.00 by electronic funds transfer (EFT) as compensation for the damage insurance excess, within 14 days of receipt of a paid invoice from the applicant. (2) The respondent, at her expense, shall employ experienced Australian Qualification Framework (AQF) level 3 arborists, with all appropriate insurances (the arborists), to reduction prune all branches from the tree that are overhanging, and within 2 metres of overhanging, the applicant's dwelling. (3) The respondent, at her expense, shall employ the arborists to prune all deadwood above 20 millimetres diameter at the branch collar from the area of the tree's canopy overhanging the applicant's land. (4) The works in Orders (2) and (3) shall be completed within 90 days of the date of these orders and during reasonable daytime working hours. (5) All pruning shall comply with AS4373:2007, Pruning of amenity trees, and the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (6) The applicant shall provide all reasonable access to his property for undertaking the works upon receipt of at least 72 hours' notice from the respondent by email, advising the date and approximate start time. A copy of the arborist's insurance Certificates of Currency shall be attached to the email. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to dwelling roof – tree removal proposed – significant s 12 considerations – pruning ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes between Neighbours) Act 2006, Pt 2 ss 6, 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: Standards Australia, AS 4373:2007. Pruning of amenity trees, 2007 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Graeme Brown (Applicant) Vivienne Alexander (Respondent) Representation: G Brown (Self represented) (Applicant) V Alexander (Self represented) (Respondent) File Number(s): 2023/351738 Publication restriction: Nil