Allan v Ward [2024] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Allan v Ward [2024] NSWLEC 1384 Hearing dates: 25 June 2024; Notice of Motion, 23 August 2024 Date of orders: 23 August 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) The respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to remove the tree to ground level by 17 September 2024. These works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (3) The respondent is to give the applicants 2 days' notice of the works in Order (2). (4) The applicants are to allow all access necessary for the works during reasonable hours of the day. (5) By 29 September 2024 the respondent is to plant two Angophora costata trees on her property. (6) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –whether neighbouring tree is likely to cause damage or injury – whether the applicant has contributed to death of the tree – who should pay for tree works – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Hornsby Development Control Plan 2013 Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: David Allan (First Applicant) Gai Allan (Second Applicant) Fiona Ward (Respondent) Representation: Counsel: M Swanson (Applicants) No appearance (Respondent)