Garbutt v Nichols [2025] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: Garbutt v Nichols [2025] NSWLEC 1035 Hearing dates: 9 January 2025 Date of orders: 9 January 2025 Decision date: 09 January 2025 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted as per the following orders. (2) The applicants are to engage and pay for suitably insured and qualified (minimum AQF level 3) arborists to prune the tree within 60 days of the date of these orders, and annually thereafter during the month of February, to remove all branches of the neighbouring blackbean tree extending over their property. Pruning must be done in accordance with AS4373:2007 'Pruning of amenity trees' and the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. In some instances this will require pruning branches back to their branch collars beyond the common boundary and within the respondents' property. (3) The applicants are to give the respondents 7 days' notice of each occurrence of the works in Order (2). (4) The respondents are to allow all reasonable access required for completion of each occurrence of the works in Order (2) during reasonable hours of the day. (5) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – risk of damage and injury – whether tree removal is required – development consent conditions Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pts 2, 2A ss 6, 7, 9, 10, 12 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Texts Cited: Australian Standard, AS 4373:2007 'Pruning of amenity trees' (March 2007) Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Daniel Garbutt (First Applicant) Amy Garbutt (Second Applicant) Denise Nichols (First Respondent) Christine Bird (Second Respondent) Representation: D Garbutt (Self-represented) (First Applicant) A Garbutt (Self-represented) (Second Applicant) D Nichols (Self-represented) (First Respondent) C Bird (Self-represented) (Second Respondent) File Number(s): 2024/405690 Publication restriction: Nil