NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Webb v Milton [2024] NSWLEC 1851 Hearing dates: 5 August 2024 Date of orders: 5 August 2024 Decision date: 05 August 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The respondents, at their expense, shall contract Australian Qualification Framework (AQF) level 3 arborists with all appropriate insurances (the arborists) to remove the Jacaranda branch leaning on the fence. (2) The arborists or the respondents shall grind or excavate the Bougainvillea stump to entirely clear it from the boundary line. (3) The works in Orders 1 and 2 shall be completed within 45 days of the date of these orders. (4) The respondents shall employ a fencing contractor with appropriate insurances, to repair the fence so it is vertical and rigid and forms a straight line on the boundary. The fencing works shall be completed within 60 days of the date of these orders. (5) All tree work shall comply with the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016, and shall be completed during reasonable daytime working hours. (6) The applicant shall provide access for completion of works and removal of debris, subject to 72 hours emailed notice from the respondents. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – trees damaging common boundary fence –– minor s 12 considerations only – orders made Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2: ss 7, 8, 9, 10, 12 Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, July 2016 Category: Principal judgment Parties: Bruce Charles Webb (Applicant) Edward Milton (First Respondent) Gail Milton (Second Respondent) Representation: B Webb (Self-represented) (Applicant) E Milton (Self-represented) (First Respondent) G Milton (Self-represented) (Second Respondent) File Number(s): 2024/191639 Publication restriction: Nil
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