Stanford v Hall [2012] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Stanford v Hall [2012] NSWLEC 1217 Hearing dates: 11 July 2012 Decision date: 08 August 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)The respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) to remove the umbrella tree to ground level. The stump is to be ground out or otherwise removed. This work must be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3)The works in (2) are to be completed within 30 days of the date of these orders. (4)The works in (2) should be principally done from within the respondents' property; however the applicants are to provide all necessary access for the works in (2), on reasonable notice and during reasonable hours of the day. They can supervise these works if they wish. (5)The respondents are to obtain three itemised quotes from suitably experienced contractors for the demolition and rebuilding of the 7-metre section of the brick boundary wall. The wall is to be constructed in a manner, and using materials, to match the existing wall as closely as possible. The quotes must show, as a separate and provisional item, the amount for removal of the dwarf wall and construction of a suitable footing, should such works be required. (6)The respondents are to provide the applicants with copies of the quotes in (5) within 30 days of the date of these orders. (7)Within 35 days of the date of these orders, the parties are to agree on the quote to be selected. If the parties cannot agree on a quote they are to select the quote with the lowest provisional amount for footing works. (8)The respondents are to engage and pay for the selected contractor to carry out and complete the works in (5) within 90 days of the date of these orders. (9)The respondents are to provide the applicants with three working days' notice of the works in (5). (10)The applicants are to provide all necessary access for the efficient completion of the works in (5), during reasonable hours of the day. They may supervise the works if they wish. (11)During the works, the contractor is to determine if the wall can be constructed on the existing dwarf wall or if a new footing is required. The contractor is to provide a written explanation of this determination to the respondents within 24 hours of making this determination. The respondents are to provide the applicants with a copy of the contractor's written determination regarding the footing within 24 hours of receiving it from the contractor. (12)If a new footing is required the applicants are to pay the respondents 50% of the itemised amount for footing works on the quotation selected in (7) within 14 days of receiving a receipted invoice for the completed works. (13) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; removal of tree ordered; repair to boundary wall ordered; apportionment of costs; lack of action despite knowledge of damage Legislation Cited: Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: Eric Stanford and Debra Stanford (Applicants)