Paynter v Huang [2024] NSWLEC 1376

Land and Environment Court New South Wales

Medium Neutral Citation: Paynter v Huang [2024] NSWLEC 1376 Hearing dates: 25 June 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application to remove the tree is granted. (2) Within 30 days of the date of these orders, the applicants are to send to the respondent's property agent three quotes to remove the tree to ground level and to remove its foliage, branches and stem wood from the site (the works). The quotes must come from suitably qualified arborists (minimum AQF level 3) with all appropriate insurances. (3) The applicants are to engage and pay for one of the arborists that quoted at Order (2) to remove the tree to ground level within 60 days of the date of these orders, and remove all foliage, branches and stem wood from the site. These works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (4) The applicants are to give the respondent 7 days' notice of the works in Order (3). (5) The respondent is to allow all access necessary for the works during reasonable hours of the day, including informing any tenant of the property that access is required for the works. (6) Within 7 days of completion of the works, the applicants are to provide the respondent with a receipted copy of the paid invoice. (7) Within 7 days of receiving a copy of the invoice in Order (6), the respondent is to pay the applicants the amount of the cheapest quote from Order (2). (8) Within 3 months of the date of these orders, the respondent is to plant two Angophora costata trees on her property. (9) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –whether neighbouring tree is likely to cause damage or injury – actions taken by the parties – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia (2016), Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Robert Paynter (First Applicant) June Paynter (Second Applicant) Xun Yan Huang (Respondent) Representation: Counsel: R Paynter (Self-represented) (First Applicant) J Paynter (Self-represented) (Second Applicant) M Zhou (Agent) (Respondent) File Number(s): 2023/162894 Publication restriction: Nil