Bouveng v Garward [2018] NSWLEC 1411

Land and Environment Court New South Wales

Medium Neutral Citation: Bouveng v Garward [2018] NSWLEC 1411 Hearing dates: 14 June 2018 Date of orders: 10 August 2018 Decision date: 10 August 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) 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 the tree, leaving a stump no more than 2 metres in height (they can remove more should they wish). (3) The respondents are 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) The respondents are to arrange access with other neighbours if required. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage or injury – adjoining property – fences not located on boundaries – parties given an opportunity to make submissions on property boundaries Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Cavalier v Young [2011] NSWLEC 1080 Category: Principal judgment Parties: Luke Bouveng (Applicant) Rhonda Garward (First Respondent) Brian Garward (Second Respondent) Representation: L Bouveng, litigant in person (Applicant) R and B Garward, litigants in person (Respondents) File Number(s): 2018/34383 Publication restriction: No

Judgment