Sellick v Lyons [2024] NSWLEC 1702

Land and Environment Court New South Wales

Medium Neutral Citation: Sellick v Lyons [2024] NSWLEC 1702 Hearing dates: 17 October 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) The respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to carry out the following works within 60 days of the date of these orders: (a) remove two banksias (Tree 1 and Tree 3) to no more than 3 metres above ground level; (b) prune the lemon-scented tea tree (Tree 2) to provide at least one metre of clearance between all parts of the tree and the applicant's dwelling. (3) Thereafter, while any of Trees 1–3 remain, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to prune them in November every two years to provide at least one metre of clearance between all parts of the trees and the applicant's dwelling. (4) The tree pruning and removal works in Orders (2) and (3) are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (5) The tree pruning works in Orders (2) and (3) are to be done in accordance with the guidelines of AS 4373:2007 'Pruning of amenity trees'. (6) The respondent is to give the applicant one week's notice of the works in Orders (2) and (3). (7) The applicant is to allow all access necessary for the works in Orders (2) and (3) during reasonable hours of the day. (8) Within 90 days of the date of these orders, the respondent is to plant on her property two trees that will reach at least 6 metres in height. (9) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –damage caused by neighbouring trees – whether pruning can prevent damage – orders for tree removal and pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Texts Cited: Australian Standard, AS 4373:2007 'Pruning of amenity trees' Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (2016) Category: Principal judgment Parties: Steven William Sellick (Applicant) Cindy Lee Lyons (Respondent) Representation: S Sellick (Self-represented) (Applicant) M Duffy (Agent) (Respondent) File Number(s): 2024/286019 Publication restriction: Nil