Marks v Perham [2018] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: Marks v Perham [2018] NSWLEC 1390 Hearing dates: 20 July 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that:

(1) Within 60 days of the date of these orders, the respondent is to engage a suitably qualified and experienced arborist (minimum AQF level 3 in Arboriculture), with all appropriate insurances, to remove the three (3) Syzygium paniculatum trees which are the subject of these proceedings, with their stumps to be the subject of: a) stump grinding or b) poisoning by the said arborist.

(2) The works are to be done in accordance with the guidelines of the WorkCover NSW Code of Practice for the Amenity Tree Industry.

(3) The respondent is to give the applicants at least 7 days' notice of the works in (1).

(4) During reasonable hours of the day the applicants are to allow any property access required during the works for the purpose of dismantling the trees and cleaning up debris, excluding access to or from the street.

(5) The exhibits are returned. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to terracotta pipes – not shown which tree caused damage – risk of damage or injury – orders by consent Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Breen & Anor v Caronna & Anor [2008] NSWLEC 293 Fifield v Sang and Wang [2018] NSWLEC 1377 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category: Principal judgment Parties: Aidan Marks (First Applicant) Ryan Swanson (Second Applicant) Benjamin Perham (Respondent) Representation: Solicitors: R Schmidt; Bull, Son & Schmidt (Applicants) P Brown; HWL Ebsworth (Respondent) File Number(s): 2018/87208 Publication restriction: No