Borgia v Williams [2012] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Borgia v Williams [2012] NSWLEC 1091 Hearing dates: 13 April 2012 Decision date: 13 April 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application to remove the tree is dismissed. (2)The respondent, Mr Williams, is to engage and pay for a suitably qualified (minimum AQF Level 3) arborist, with all appropriate insurance to prune the tree to: * Remove any limbs within 2 metres of the applicant's antenna, pruning them back to suitable lateral branches or branch collars as described in AS4373-2007 Pruning of Amenity Trees. * Reduce the longest limb over the applicant's dwelling by pruning back to a suitable lateral branch or branch collar as described in AS4373-2007 Pruning of Amenity Trees. * Remove any deadwood greater than 50mm diameter over the applicant's property and within 2 metres of a vertical plane above the common boundary. (3)The works in (2) are to be done within 60 days of the date of these orders. (4)Every 2 years, within 30 days of the anniversary of the date of these orders, the respondent is to engage and pay for a suitably qualified (minimum AQF Level 3) arborist, with all appropriate insurance to prune the tree to: * Remove any limbs within 2 metres of the applicant's antenna, pruning them back to suitable lateral branches or branch collars as described in AS4373-2007 Pruning of Amenity Trees. * Remove any deadwood greater than 50mm diameter over the applicant's property and within 2 metres of a vertical plane above the common boundary. (5)The works in (2) and (4) are to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry and AS4373:2007 Pruning of Amenity Trees. (6)The respondent is to give the applicant 2 weeks' notice of the works in orders (2) and (4). (7)The applicant is to allow all access required for the works to be undertaken in a safe and efficient manner at a reasonable time of day. (8)The respondent is to pay the applicant $235 within 14 days of receiving a receipted invoice showing that the antenna repair works have been completed and paid for. (9)If the applicant does not provide the respondent with such an invoice within 12 months of the date of these orders, order (8) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of injury; compensation ordered; pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Rocci Borgia (Applicant)