Ahmad v Verhey [2012] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Ahmad v Verhey [2012] NSWLEC 1121 Hearing dates: 16 May 2012 Decision date: 16 May 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application to remove the tree is upheld. (2)Both parties are to obtain at least one quote for the works in Order (3) within 14 days of the date of these orders. They are to agree on the quote to be accepted. If they cannot agree, the applicant may choose the quote to be accepted. (3)Within 30 days of the date of these orders the applicant is to engage and pay for a suitably qualified arborist (minimum AQF level 3) to remove the Eucalyptus tree on the common boundary at the rear of the two adjoining properties owned by the parties. The tree is to be removed to ground level and the stump ground sufficiently to allow construction of a new fence along the boundary. (4)The works in Order (3) are to be done in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (5)Within 7 days of receiving a copy of a paid invoice for the works in Order (3), the respondent is to pay to the applicant 50% of the invoice amount up to a maximum of $1,265. (6)If the applicant does not provide the respondent with a copy of the paid invoice within 60 days of the date of these orders, Order (5) lapses. (7)The applicant is to give the respondent 5 days' notice of the works in (3). (8)Both parties are required to provide all access required for the works to be carried out during reasonable hours of the day. (9)Within 14 days of the date of these orders both parties are to obtain at least one quote to remove the common boundary fence at the rear of the two adjoining properties and to replace it with a paling fence. They are to agree on the quote to be accepted. If they cannot agree, the applicant may choose the quote to be accepted. (10)The selected fencing contractor is to remove and replace the fence within 60 days of the date of these orders. (11)The parties are to share the cost of the fencing works in (9) equally. (12)The applicant is entitled to have a colourbond or other fence constructed but shall be responsible for the entire amount above 50% of the cheapest quote for the works in (9). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; dividing fence; tree removal ordered; replacement of fence; consent orders. Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Ejaz Ahmad (Applicant)