Low v Muir & Anor [2012] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Low v Muir & Anor [2012] NSWLEC 1092 Hearing dates: 12 April 2012 Decision date: 12 April 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The respondents are to engage and pay for a suitably qualified (minimum AQF Level 3) arborist, with all appropriate insurance, to remove trees T2 (Hackberry), T5 (Fig), T6 (Hackberry) and T7 (Cassava) to no more than 300mm above ground level. If stumps remain they are to be poisoned immediately. (2)The works in (1) are to be carried out in accordance with the NSW WorkCover Code of Practice for the Amenity Tree Industry. (3)The works in (1) are to be completed within 60 days of the date of these orders. (4)The applicant is to provide any access to her property required for the works in (1) on reasonable notice and at a reasonable time of the day. (5)Following removal of the trees the parties are to engage a fencing contractor to replace the boundary fence, from the western end where it meets Denison Lane to the point where it meets the applicant's dwelling, with a 1.8 metre tall wooden paling fence or other fence as agreed by the parties. (6)The works in (5) are to be completed within 90 days of the date of these orders. (7)The respondents and the applicant are each to pay the fencing contractor 50% of the cost of the works in (5). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; removal ordered; consent orders; fence. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Dividing Fences Act 1991 No 72 Cases Cited: Breen & Anor v Caronna & Anor [2008] NSWLEC 293 Category: Principal judgment Parties: Fay Low (Applicant)