Youman v D'Accione [2024] NSWLEC 1614

Land and Environment Court New South Wales

Medium Neutral Citation: Youman v D'Accione [2024] NSWLEC 1614 Hearing dates: 4 July 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court orders that: (1) The respondent, initially at her expense, shall engage Australian Qualification Framework (AQF) level 3 arborists (the arborists) with all appropriate insurances to remove the tree to near ground level and poison the stump (the works). The works shall be completed by 31 March 2025. Should the tree reshoot, it shall be re-poisoned until it is dead. (2) Within 60 days of the date of these orders, the applicants and respondent shall procure and exchange one quotation for the works from contractors who satisfy the requirements of Order 1. The cheaper quotation shall be the basis for the applicants' contribution. (3) Within 7 days of completion of the works, the respondent shall provide the applicants with a copy of a paid invoice for the works. Within 7 days of receipt of a paid invoice for the works, the applicants shall pay the respondent by Electronic Funds Transfer (EFT) or Bank Cheque, 33% of the cheaper quotation for the works, regardless of whether the respondent proceeded with the more expensive quotation. (4) The works shall comply with Safe Work Australia, Guide To Managing Risks of Tree Trimming and Removal work, 2016. (5) The applicant shall provide all required access for undertaking the works, subject to 72 hours' notice from the respondent, by email. (6) All works shall be completed during reasonable, daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage and injury – damage to concrete strip and terracotta pipes proven – leaves, small sticks, and tree seedlings in gutters – reasonable maintenance Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 8, 9, 10, 12, 13, Pt 2 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Joaquim v Adamson [2009] NSWLEC 1312 McPherson v Lake [2017] NSWLEC 1081 Osborne v Hook [2008] NSWLEC 1231 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia, Guide To Managing Risks of Tree Trimming and Removal Work, 2016 Standards Australia, AS 4373-2007 Pruning of amenity trees, 2007 Category: Principal judgment Parties: John Leslie Youman (First Applicant) Rose Mary Youman (Second Applicant) Madalena Serena D'Accione (Respondent) Representation: J Youman (Self-represented) (First Applicant) R Youman (Self-represented) (Second Applicant) M D'Accione (Self-represented) (Respondent) File Number(s): 2024/157404 Publication restriction: Nil