Teasdale v F Tohme as the executrix of the estate of the late Mehsen Tohme & anor [2011] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Teasdale v F Tohme as the executrix of the estate of the late Mehsen Tohme & anor [2011] NSWLEC 1032 Hearing dates: 15 February 2011 Decision date: 15 February 2011 Jurisdiction: Class 2 Before: Moore SC Decision: 1. The applications with respect to the more southerly of the two Turpentines and the Angophora costata are dismissed; 2. The two branches shown in the marked digital photographs appended to these orders as Appendices A and B are to be pruned to the point marked on each of those photographs; 3. The pruning is to be carried out by an AQF level 3 arborist with appropriate WorkCover insurances 4. The pruning is to be carried out at cost to the first respondent; 5. At the time of removal of those branches, the arborist is to undertake a pruning of all dead wood in the canopy of the second Turpentine to remove all dead wood of greater than 20 mm at the point of attachment to the nearest live branch; and 6. The work is to be carried out within three months of the date of these orders. Catchwords: Trees - neighbours Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedure Rules 2005 Cases Cited: Barker v Kyriakidis [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592 Black v Johnson (No 2) [2007] NSWLEC 513 Category: Principal judgment Parties: D Teasdale (applicant) F Tohme as the executrix of the estate of the late M Tohme (first respondent) A Clouston (second respondent) Representation: Applicant in person E Tohme (first respondent) No appearance (second respondent) File Number(s): 20614 of 2010