Newman v Graham [2024] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: Newman v Graham [2024] NSWLEC 1512 Hearing dates: 9 April 2024 Date of orders: 9 April 2024 Decision date: 09 April 2024 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court orders are: (1) Within 90 days of the date of these orders, the respondents, at their expense, shall have contractors: prune all deadwood extending over the applicant's land from Eucalyptus T5 back to live branch junctions, and, remove Glossy Privet T7, including grinding the Privet tree's roots to at least 250 mm below ground level and reconsolidating excavated soil. (2) The works in Order 1 shall be completed by Australian Qualification Framework (AQF) level 3 arborists with all appropriate insurances. (3) Within 90 days of the date of these orders, the respondents, at their expense, shall re-straighten and re-attach the timber common boundary fence in the vicinity of T7, so the fence is serviceable and fit for purpose. (4) All tree works shall comply with AS: 4373:2009 Pruning of amenity trees, and the Safework Australia, Guide to managing the risks of tree trimming and removal works, 2016. (5) The applicant shall undertake no excavation, root cutting, or soil surface disturbance within 5 metres of the base of any of the respondents' trees. (6) The applicant shall allow access for the respondents' contractors to undertake the various works upon receipt of 72 hours' notice of the date of works, by email. (7) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage to house and yard – tree debris falling onto roof and gutters – fence damage from tree roots – orders made Legislation Cited: Dividing Fences Act 1991, s 13A Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 8, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safework Australia, Guide to managing the risks of tree trimming and removal works, 2016 Standards Australia, AS4373-2007: Pruning of amenity trees Category: Principal judgment Parties: Michael James Newman (Applicant) Douglas Graham (First Respondent) Geraldine Graham (Second Respondent) Representation: M Newman (Self-represented) (Applicant) D Graham (Self-represented) (First Respondent) G Graham (Self-represented) (Second Respondent) File Number(s): 2024/46462 ` Publication restriction: Nil