Lang v Huggett [2012] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Lang v Huggett [2012] NSWLEC 1110 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 dismissed. (2)During the month of December every year, beginning 2012, the respondent is to engage and pay for an arborist (minimum AQF Level 3) with all appropriate insurances to conduct a climbing inspection of the Bunya Pine. During that inspection any cones greater than 80mm in any dimension are to be removed. Any limb removal required to access the entire crown for inspection and de-coning is to be undertaken at the same time. These works are to be done in accordance with AS4373 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3)The respondent is to give the applicant two weeks' notice of the inspection and works in (2). (4)The applicant is to provide all access required for the works in (2) during reasonable hours. (5)The applicant may engage an arborist up to AQF Level 5 to supervise the works in (2), in which case he is to present the respondent with a receipted invoice for the supervision within 14 days of the works. (6)The respondent is to pay the applicant the amount of the invoice in order (5) within 14 days of receiving it. (7)If no receipted invoice is received within 14 days of the inspection and de-coning, order (6) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): application to remove trees dismissed; damage to property; risk of injury; de-coning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Adamski v Betty [2007] NSWLEC 200 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Brett Lang (Applicant)