Johnson & Ors v Angus & Anor [2012] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson & Ors v Angus & Anor [2012] NSWLEC 1207 Hearing dates: 4 June 2012 and 26 July 2012 Decision date: 27 July 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)The directions made at the hearing of 4 June 2012 are vacated. (3)The applicants are to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3) with appropriate insurance to remove T11 and the largest stem of T14 within 30 days of the date of these orders. The works are to be done in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (4)The respondents are to provide all access necessary for the works in (3) on reasonable notice and during reasonable hours of the day. (5)The respondents are to engage a suitably qualified arborist (minimum AQF Level 3) to periodically (annually or as required) prune T4-T9 and T12-T20, including the remaining stems of T14, to remove fronds that overhang the applicants' property and that obstruct the view, in such a way that the trees' ongoing vigour and condition are not adversely affected. The works are to be done in accordance with AS4373:2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. The initial pruning is at the respondents' expense. The cost of subsequent pruning is to be shared equally by the parties with the applicants paying the respondents 50% of any receipted invoice for the pruning works within 7 days of receiving such an invoice, if that invoice is provided to them within 14 days of completion of the works. (6)The applicants are to provide all access necessary for the works in (5) on reasonable notice and during reasonable hours of the day. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; one tree not part of hedge; planted so as to form a hedge; removal of two trees and pruning of others. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Bentley & anor v Symonds & anor; Ghenzer & ors v Symonds & anor [2011] NSWLEC 1336 Breen & Anor v Caronna & Anor [2008] NSWLEC 293 Cavalier v Young [2011] NSWLEC 1080 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 McLaren v Lewis [2011] NSWLEC 1170 Ridley v The Owners Strata Plan No 60662 [2011] NSWLEC 1107 Salisbury v Harrison & anor [2011] NSWLEC 1069 Torday & Anor v Eather [2012] NSWLEC 1014 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Mr Anthony Johnson (First Applicant) Ms Pauline Neville (Second Applicant) Ms Lynne Parsons (Third Applicant)