Sidoti v Sleeman [2017] NSWLEC 1741

Land and Environment Court New South Wales

Medium Neutral Citation: Sidoti v Sleeman [2017] NSWLEC 1741 Hearing dates: 18 December 2017 Date of orders: 18 December 2017 Decision date: 18 December 2017 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 60 days of the date of these orders the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3 in Arboriculture), with all appropriate insurances, to prune the tree to: (a) Remove all deadwood greater than 50 mm diameter; (b) Weight-reduce the long limbs extending to the north over the applicants' property, removing no more than 20% of the foliage of each limb.

(2) The works are to be carried out in accordance with AS4373:2007 Pruning of amenity trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry.

(3) The respondents are to give the applicants at least 7 days' notice of these works.

(4) The applicants are to allow any property access required for the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to property; risk of injury; orders for pruning. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Bartolomeo Sidoti (First Applicant) Eleonora Sidoti (Second Applicant) Ross Sleeman (First Respondent) Heather Sleeman (Second Respondent) as Executors of the Estate of the late Keith Sleeman Representation: Marcus Conomos, Solicitor Conomos & Spinak Lawyers (Applicants) Ross Sleeman and Heather Sleeman, Litigants in Person (Respondents) File Number(s): 227502 of 2017