Barnes v Gibson [2018] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Barnes v Gibson [2018] NSWLEC 1151 Hearing dates: 22 March 2018 Date of orders: 22 March 2018 Decision date: 22 March 2018 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) with all appropriate insurances to remove both Swamp Oaks in their rear garden, to no more than 300 mm above ground level, and immediately poison any remaining stumps. (2) The respondents are to give the applicant 7 days' notice of the works. (3) The applicant is to allow all access required to complete the works during reasonable hours of the day. (4) Within 60 days of the date of these orders the applicant is to obtain and provide to the respondent three quotes for replacing only the upper area of paving (not the lower area near the dwelling) using materials of a standard similar to existing materials of concrete and paving tiles. (5) If within 12 months of the date of these orders the applicant carries out repairs to the paving and provides the respondents with a receipted invoice for the works, the respondents are to pay the applicant 30% of the cheapest of the three quotes provided in order (4) within 14 days of receiving the receipted invoice. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); damage to courtyard; age and condition of structures; apportionment of rectification costs. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Category: Principal judgment Parties: Allan Barnes (Applicant) Rita Gibson (First Respondent) Stephen Gibson (Second Respondent) Representation: Counsel: A Barnes, litigant in person (Applicant) S Gibson, litigant in person (Respondents) File Number(s): 353071 of 2017 Publication restriction: No