Hampton v Hanna [2019] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Hampton v Hanna [2019] NSWLEC 1066 Hearing dates: 24 January 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The respondents are to remove the Araucaria columnaris to near ground level and poison its stump. This tree removal shall be undertaken by an AQF level 3 qualified arborist with appropriate Public Liability insurance. The tree removal shall meet SafeWork NSW Work, Health and Safety (WHS) guidelines, and the Workcover NSW Code of Practice for the Amenity Tree Industry. This work shall be completed within 45 days of the date of these orders. (2) The respondents are to remove the woody root incursion from the sewer pipe, and repair and/or replace the sewer pipe, so as to render the pipe fully functional. This work shall satisfy Sydney Water requirements. This work shall be undertaken by a licenced plumber, with appropriate Public Liability insurance, and meet SafeWork NSW WHS guidelines. This work shall be completed within 45 days of the date of these orders. (3) Should the respondents not complete these works within 45 days of the date of these orders, Mrs Hampton may contract licensed plumbers, and AQF level 3 qualified arborists, who may enter the respondents' property, so as to complete the works as specified in Orders (1) and (2). Access for such works is subject to 48 hours written notice being provided to the respondents, or to their agent, and is to be gained during reasonable working hours. Upon completion, receipted invoices for these works are to be provided to the respondents, or to their agent, and the respondents are to reimburse the applicant for the total cost shown on these receipted invoices within 21 days of receiving the invoices. These works must be completed within 60 days of the termination of the 45 day period specified in Orders (1) and (2), and if they are not completed within that period, this order lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property – consequential damage – risk of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Abdishou v Khoury [2010] NSWLEC 1268 McCormack v Spencer [2008] NSWLEC 1285 Muir v Owners Corporation SP 35683 [2011] NSWLEC 1276 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Kellie Patricia Hampton (Applicant) Anwar Hanna (First Respondent) Wansa Hanna (Second Respondent) Representation: Solicitors: E Georges, G & S Law Group (Respondents)