McMahon v Schofield [2018] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: McMahon v Schofield [2018] NSWLEC 1458 Hearing dates: 22 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 60 days of the date of these orders, the respondent is to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to carry out the following works: (a) Prune T3 to remove any deadwood >30 mm diameter above the applicants' property, and reduce limbs over the applicants' property, removing no more than 30% live crown mass; (b) Prune T4 to remove any deadwood >30 mm diameter above the applicants' property, and reduce limbs over the applicants' property, removing no more than 10% live crown mass; (c) Remove T5 to no more than one metre above ground level. (2) The works are to be done in accordance with the guidelines of AS4373 Pruning of amenity trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3) The respondent is to give the applicants seven days' notice of the works. (4) The applicants are to allow all access necessary for the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – risk of injury – orders for tree removal and pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Lynette McMahon (First Applicant) Timothy McMahon (Second Applicant) Sonja Schofield (Respondent) Representation: L & T McMahon, litigants in person (Applicants) S Schofield, litigant in person (Respondent) File Number(s): 2018/136253 Publication restriction: No