NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Scotton v Crescent Head Resort Pty Ltd [2024] NSWLEC 1576 Hearing dates: 28 August 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Class 2 Before: Nichols AC Decision: The Orders of the Court are: (1) The application is granted in part. (2) Within 120 days of the date of this judgment, the respondent is to engage and pay for an AQF level 3 arborist to inspect Tree 4. Any dead and declining fronds are to be removed in accordance with the relevant provisions of AS4373: 2007 - Pruning of Amenity Trees. (3) The work in Order (2) is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (4) Commencing six months after the first inspection and frond removal, the work in Order (2) is to be undertaken every six months for the life of the palm. (5) Should it be required, the applicant is to provide all necessary access for the safe and efficient carrying out of the work in Orders (2) and (4) on reasonable notice. (6) The application to remove the trees is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Injury from falling palm fronds – potential damage – leaves and debris in gutters – orders made Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hinde v Anderson & anor [2009] NSWLEC 1148 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke (2008) 159 LGERA 280; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Texts Cited: Standards Australia, AS4373: 2007 - Pruning of Amenity Trees WorkCover NSW, Code of Practice - Amenity Tree Industry Category: Principal judgment Parties: Kenneth Scotton (Applicant) Crescent Head Resort Pty Ltd (Respondent) Representation: K Scotton (Self-represented) (Applicant) J O'Dwyer (Agent) (Respondent) File Number(s): 2024/195266 Publication restriction: Nil
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