Mirzaee-Amirabad v Wang [2024] NSWLEC 1744

Land and Environment Court New South Wales

Medium Neutral Citation: Mirzaee-Amirabad v Wang [2024] NSWLEC 1744 Hearing dates: 5 November 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Class 2 Before: Nichols AC Decision: The Court orders: (1) The application is upheld in part. (2) Within 6 months of the date of this judgment the respondent is to engage and pay for an AQF level 3 arborist to inspect Tree 1. Any dead and declining limbs identified by the arborist are to be pruned 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 24 months after the first inspection, the work in Order (2) is to be undertaken at least every 60 months for the life of the tree. (5) The application to remove the trees is dismissed. (6) Within 30 days of the date of these orders, the applicant is to obtain, and provide to the respondent copies of three quotes for the replacement of the Colorbond dividing fence with a new Colorbond fence of a standard not greater than the standard for a sufficient dividing fence (1.8 metres from existing ground level) including any works required for the installation of supporting posts. The quotes are to be for the full extent of the shared boundary (26 metres in length) and are to include removal of the existing fence. (7) Within 90 days of the date of these orders the applicant is to engage and pay for a contractor to carry out the fence replacement works. (8) On reasonable notice, the respondent is to allow all access required for these works during reasonable hours of the day. (9) Within 14 days of receiving a receipted invoice from the applicant for the completed fencing works, the respondent is to pay the applicant 50% of the cheapest quote from Order (6). Catchwords: TREES (NEIGHBOURS) potential damage – tree damaging fence – standard fence – orders made Legislation Cited: Dividing Fences Act 1991, ss 4, 7 Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12 Western Lands Act 1901 Georges River Local Environmental Plan 2013 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hinde v Anderson [2009] NSWLEC 1148 McCallum v Riodan [2011] NSWLEC 1009 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Texts Cited: AS4373: 2007 - Pruning of Amenity Trees 2007 WorkCover NSW Code of Practice for the Amenity Tree Industry 1998 Category: Principal judgment Parties: Sima Mirzaee-Amirabad (Applicant) Jessica Wang (Respondent) Representation: Counsel: S Razi (Solicitor) (Applicant) C Graves (Solicitor) (Respondent)