English v Southwell [2018] NSWLEC 1150

Land and Environment Court New South Wales

Medium Neutral Citation: English v Southwell [2018] NSWLEC 1150 Hearing dates: 21 March 2018 Date of orders: 21 March 2018 Decision date: 21 March 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) Within 30 days of the date of these orders the respondent is to engage and pay for a suitable qualified and experience arborist (minimum AQF level 3), with all appropriate insurances, to remove the tree, including any of its roots along the boundary within 100 mm of ground level. (3) The respondent is to give the applicant 7 days' notice of these works. (4) The applicant is to allow all access required for these works during reasonable hours of the day. (5) Within 30 days of the date of these orders the applicant is to obtain, and provide to the respondent copies of, three quotes for the replacement of the timber dividing fence of a standard not greater than the standard for a sufficient dividing fence including any works required for the installation of supporting posts. The quotes are to be for the full extent of the fence from the front boundary to the rear boundary of the parties' properties and are to include removal of the existing fence. (6) Within 90 days of the date of these orders the applicants are to engage and pay for a contractor to carry out the fence replacement works. (7) On reasonable notice, the respondent is to allow all access required for these works during reasonable hours of the day. (8) Within 14 days of receiving a receipted invoice from the applicants for the completed fencing works, the respondent is to pay the applicants 50% of the cheapest quote from order (5). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); palm; damage to dividing fence; orders for tree removal; orders for fence replacement. Legislation Cited: Dividing Fences Act 1991 No 72 (NSW) Trees (Disputes Between Neighbours) Act 2006 (NSW) Category: Principal judgment Parties: John English (First Applicant) Cynthia English (Second Applicant) Margaret Southwell (Respondent) Representation: Counsel: Sophie Moloney, solicitor (Applicants) Margaret Southwell, litigant in person (Respondent)