Lambert v Muir [2014] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Lambert v Muir [2014] NSWLEC 1101 Hearing dates: 28 May 2014 Decision date: 28 May 2014 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application is upheld in part. (2)Within 60 days of the date of these orders Mr Muir is to engage a suitably qualified arborist (minimum AQF level 3) to remove trees #1 and #2 to no more than 300mm above ground level and to poison the stumps. The works must be done in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3)Within 60 days of the date of these orders Mr Muir is to engage a suitably qualified arborist (minimum AQF level 3) to prune trees #4 and #5 to provide at least 1 metre of clearance between the trees and structures (TV antenna, TV receiver, roof guttering). The works must be done in accordance with the general and specific provisions of AS4373: 2007 Pruning of Amenity Trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. (4)Mr Muir is to give Mrs Lambert three days' notice of the above works. (5)Mrs Lambert is to provide all necessary access for the works to be done during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage; injury; hedge; obstruction of views and sunlight; orders for tree pruning and removal. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: APPLICANT Robyn Lambert