Llavero v Shearer [2011] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Llavero v Shearer [2011] NSWLEC 1053 Hearing dates: 2 March 2011 Decision date: 02 March 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application for compensation for repairs to the shed is dismissed. (2) The application to remove the tree is upheld. (3) The respondents are to engage and pay for an AQF level 3 arborist to remove the tree to 10cm below the bottom of the fence and to have the stump poisoned. (4) This work is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (5) The respondents are to organise and pay for the space in the fence where the tree stands to be fenced to an equivalent standard of the adjoining fence. (6) The respondents are to give the applicants seven days notice of the works in orders 3 and 5. (7) The applicants are to provide all access to their property necessary for the works in orders 3 and 5 to be completed. (8) The works in Orders 3 and 5 are to be completed within 90 days of the date of these orders. Catchwords: TREES [NEIGHBOURS]; damage to property; compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: J and I Llavero (Applicants) B and B Shearer (Respondent) Representation: Peter J Snelgrove [solicitor] (Applicants) B and B Shearer [litigants in person] (Respondent) File Number(s): 20898 of 2010