Tulloch v Dight [2012] NSWLEC 1099

Land and Environment Court New South Wales

Medium Neutral Citation: Tulloch v Dight [2012] NSWLEC 1099 Hearing dates: 27 April 2012 Decision date: 27 April 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application to remove the trees is upheld. (2)The respondent is to remove both trees to no more than 400 mm above ground level within seven days of the date of these orders. (3)The works in (2) are to be done by a suitably qualified arborist (minimum AQF level 3) in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (4)The parties are to engage the fencing contractor as per the quote of A Grade Fencing dated 4 April 2012, or another contractor as agreed by the parties, to replace the 15.5 metre section of fence along the common boundary within 60 days of the date of these orders. (5)The costs for the works in (4) are to be paid by the parties as follows: the applicant is to pay 35% and the respondent is to pay 65%. (6)If Mrs Tulloch incurs the $1,000 excess related to the insurance claim she is to provide the respondent with written evidence of its payment. (7)The respondent is to pay the applicant $1,000 within 14 days of receiving written evidence described in (6). (8)If written evidence described in (6) is not provided to the respondent within 12 months of the date of these orders, order (7) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of injury; removal ordered; replacement of fence; compensation ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Dividing Fences Act 1991 Category: Principal judgment Parties: Catherine Tulloch (Applicant)