Dai v Li [2024] NSWLEC 1412

Land and Environment Court New South Wales

Medium Neutral Citation: Dai v Li [2024] NSWLEC 1412 Hearing dates: 10 April 2024 Date of orders: 22 July 2024 Decision date: 22 July 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: 1) The respondents shall engage and pay experienced Australian Qualification Framework (AQF) level 3 arborists, with all appropriate insurances (the arborists), to selectively prune 3 live branches, as follows: a) The two largest branches growing towards and over the applicant's land, one of which is approximately 225mm diameter at the branch collar and the second, which is approximately 170mm diameter at the branch collar. b) When facing the tree from the respondents' land, the branch growing from left to right across the middle of the tree with a diameter at the branch collar of approximately 100-120mm. 2) The works in Order 1 shall be completed within 60 days of the date of these orders. 3) Within 14 days of completion of the works in Order 1, the respondents shall email the applicant a paid copy of the arborist's invoice. Within 7 days of receipt of such paid copy of the arborist's invoice, the applicant shall reimburse the respondents 30% of the total quantum of the said invoice by Electronic Funds Transfer (EFT). 4) In 2027 and in every third subsequent year, during the month that the works in Order 1 were completed, the respondents shall engage and pay arborists who meet the requirements of Order 1, to selectively prune epicormic regrowth on the tree's western side by removing weak low lateral branches growing over the applicant's dwelling while retaining branches growing vertically or along the common boundary. 5) Within 14 days of completion of each occurrence of works in Order 4, the respondents shall email the applicant a paid copy of the arborist's invoice. Within 7 days of receipt of such paid copy of the arborist's invoice, the applicant shall reimburse the respondents 30% of the total of the said invoice by EFT. 6) 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 and shall be completed during reasonable daytime working hours. 7) The applicant shall provide all reasonable access to his property for undertaking each of the ordered pruning works upon receipt of at least 72 hours' notice from the respondents by email, advising the date and approximate start time. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – overhanging tree – damage caused – apprehension of further damage and injury – leaves falling onto dwelling roof and clogging gutters Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Gardiner v Bisley [2021] NSWLEC 1176 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Standards Australia, AS4373-2007: Pruning of amenity trees Category: Principal judgment Parties: Zi Ai Dai (Applicant) Ivan Li (First Respondent) Cecily Lau (Second Respondent) Representation: Z Dai (Self-represented) (Applicant) I Li (Self-represented) (First Respondent) C Lau (Self-represented) (Second Respondent) File Number(s): 2024/47806 Publication restriction: Nil