Gray v Chan & Anor [2011] NSWLEC 1058

Land and Environment Court New South Wales

Medium Neutral Citation: Gray v Chan & Anor [2011] NSWLEC 1058 Hearing dates: 10 March 2011 Decision date: 10 March 2011 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application to remove the tree is upheld. (2) The respondent is to engage and pay for an arborist, with a minimum AQF level 3, to remove the tree to no more than 200mm above ground level, in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3) The respondent is to give the applicant at least seven days notice of the works in (2). (4) The applicant is to provide all necessary access during reasonable hours to allow completion of the works in (2). (5) The works in (2) are to be completed within 60 days of the date of these orders. Catchwords: TREES [NEIGHBOURS]; damage to property; injury to persons; removal ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: J Gray (Applicant) R Chan & D Cheng (Respondent) Representation: J Gray [litigant in person] (Applicant) R Chan [litigant in person] (Respondent) File Number(s): 20938 of 2010

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1ACTING COMMISSIONER: This is an application under Pt 2 s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owner of a property in Pymble against the owners of a tree growing on an adjoining property. Both the applicant and the respondent were self-represented. 2The applicant contends that the tree poses a risk of damage to his property and a risk of injury, and seeks orders for the removal of the tree. 3The respondent wishes to retain the tree and contends that it does not pose any significant risk.