Taylor v Guttenberg [2013] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Guttenberg [2013] NSWLEC 1045 Hearing dates: 14 February 2013 Decision date: 19 March 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)The respondents are to pay the applicants $685 within 30 days of the date of these orders. (3)Within 30 days of the date of these orders the respondents are to engage a suitably qualified arborist (minimum AQF level 3), with appropriate insurances, to prune the Wallangarra White Gum, removing the largest branch over the applicants' property back to its branch collar at the stem. See attached diagrams. (4)The works in (3) 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. (5)The respondents are to provide the applicants with at least three working days' notice of the works in (3). (6)The applicants are to allow access for the works in (3) during reasonable hours of the day. (7)Nothing in these orders amends or supercedes the provisions of the orders in Taylor v Guttenberg [2011] NSWLEC 1159. Catchwords: TREES [NEIGHBOURS]; damage; risk of damage or injury; situation has changed; compensation ordered; pruning ordered. Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Trees (Disputes Between Neighbours) Act 2006 Workers Compensation Act 1987 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Immarrata v Mourikis [2007] NSWLEC 601 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Taylor v Guttenberg [2011] NSWLEC 1159 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Paul Taylor (First applicant)Karen Taylor (Second applicant)