Li v Richardson [2024] NSWLEC 1634

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Richardson [2024] NSWLEC 1634 Hearing dates: 20 August 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The second respondent's name is corrected to Doreen Finkelstein. (2) The application is granted only to the extent of the following orders. (3) Within 30 days of the date of these orders, the respondents are to obtain at least two quotes for removing the camphor laurel at their rear boundary (the tree) to no more than 200 mm above ground level. The quotes must be provided by appropriately insured arboricultural contractors with suitably qualified (minimum AQF level 3) arborists who will carry out the work. The quotes must specify areas required for access for the works, including for vehicles. Access may be through either the applicants' or the respondents' properties, whichever is the most efficient. (4) Within 30 days of the date of these orders, the respondents are to provide the applicants with copies of the quotes obtained in Order (3) and evidence of their preferred contractor's insurance and qualifications. (5) The respondents are to engage the contractor of their choice to remove the tree to no more than 200 mm above ground level within 90 days of the date of these orders. The tree removal works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (6) The respondents are to give the applicants at least one week's notice of the works in Order (5). (7) The applicants and respondents are to provide any access for the works in Order (5) to be completed during reasonable hours of the day. (8) The applicants are to reimburse the respondents 50% of the cost of the tree removal works within 14 days of receiving a copy of the paid invoice for the works. (9) If the respondents do not provide the applicants with a copy of the paid invoice within 30 days of completion of the tree removal works, order (8) lapses. (10) The exhibits are returned, other than Exhibits A-C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –whether the tree has caused damage – whether the tree must be removed – who should pay the cost of removing the tree – whether the applicants should be compensated for property damage Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Watt v Menz [2023] NSWLEC 1808 Texts Cited: Burwood Development Control Plan 2012 Safe Work Australia, Guide to managing risks of tree trimming and removal work, July 2016 Category: Principal judgment Parties: Quan Li (First Applicant) Shuang Yan Li (Second Applicant) James Richardson (First Respondent) Doreen Finkelstein (Second Respondent) Representation: Q Li (Self-represented) (First Applicant) S Y Li (Self-represented) (Second Applicant) J Richardson (Self-represented) (First Respondent) D Finkelstein (Self-represented) (Second Respondent) File Number(s): 2024/224430 Publication restriction: Nil