Goldmann and anor v Malane [2012] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Goldmann and anor v Malane [2012] NSWLEC 1234 Hearing dates: 17 August 2012 Decision date: 17 August 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) Ms Malane is to engage and pay for a suitably qualified and experienced arborist (minimum AQF Level 3), with all appropriate insurances, to remove the three Norfolk Island Pines to ground level. The stumps are to remain in the ground. These works are to conform to the WorkCover NSW Code of Practice for the Amenity Tree Industry and are to be completed within 60 days of the date of these orders. (3) The Goldmanns are to provide all access required for the works in (2) on reasonable notice during reasonable hours of the day. They can supervise the works if they wish. (4) Within 30 days of the date of these orders the parties are each to obtain two quotes for repair of the section of paving between the dwelling and the trees, being the section at the same level as the paving where the large root has been exposed. The quotations must show details of the works, including lifting of pavers, cutting and removal of roots, preparation of the surface and re-laying of pavers. (5) The Goldmanns are to provide all reasonable access during reasonable hours of the day on reasonable notice for contractors selected by Ms Malane to assess the site for the purpose of providing quotations. (6) Within 35 days of the date of these orders the parties are to agree on one of the quotes or, if they cannot agree, select the cheapest quote. (7) The Goldmanns are to engage and pay for the selected contractor in (6) to carry out the works in (4). The works are to be completed within 90 days of the date of these orders. (8) Ms Malane is to pay the Goldmanns 50% of the selected quote in (6) within 7 days of receiving a receipted invoice for the completed paving works. (9) If the Goldmanns do not provide Ms Malane with a receipted invoice for the works within 120 days of the date of these orders, (8) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; risk of damage; risk of injury; removal of three trees ordered; compensation ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Andrew Goldmann (First Applicant) Eva-Maria Goldmann (Second Applicant)