Leech v De Angelis [2019] NSWLEC 1090

Land and Environment Court New South Wales

Medium Neutral Citation: Leech v De Angelis [2019] NSWLEC 1090 Hearing dates: 7 February 2019 Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The respondents are to remove the Eucalyptus pilularis (Blackbutt) to near ground level and poison its stump. Tree climber access into the tree may be gained via the applicant's property, but the tree is to be removed in its entirety via Sea Street below, not via the applicant's property. Access to the applicant's land for these works is subject to 48 hours written notice being provided to the applicant by email, and is to be gained during reasonable working hours. This tree removal shall be undertaken by AQF level 3 qualified arborists 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, and at the respondents' expense. (2) The Ficus rubiginosa (Port Jackson Fig) growing below the Blackbutt is not to be damaged or negatively impacted during the removal process. Should the Ficus rubiginosa sustain any damage, the applicant is to photograph it, and provide notification and photographs by email to the respondent within 48 hours. Pruning rectification work required shall be undertaken by AQF level 3 qualified arborists with appropriate Public Liability insurance. This work shall be subject to SafeWork NSW Work, Health and Safety (WHS) guidelines, the Workcover NSW Code of Practice for the Amenity Tree Industry, and AS4373-2007 Pruning of amenity trees. Any pruning work required for rectification of damage to the Port Jackson Fig shall be completed within 14 days of the completion of the tree removal, and shall be undertaken at the respondents' expense. (3) Should property on the applicant's land sustain damage during and as a result of this tree removal process, rectification of such damage shall be undertaken at the respondents' expense. If damage is sustained, the applicant is to photograph it, and provide notification and photographs by email to the respondent within 48 hours. Upon completion of rectification works for any property damage incurred on the applicant's land during and as a result of the tree removal process, receipted invoices are to be provided to the respondents by email, and the respondents are to reimburse the applicant for the total cost shown on these receipted invoices within 14 days of receiving them. These works shall be completed within 45 days of the completion of the tree removal, and if they are not completed within that period, this order lapses. (4) Should the respondents not complete the tree removal within 45 days of the date of these orders, the applicant may engage AQF level 3 qualified arborists to remove the Blackbutt as specified in Order (1). Access for such works is subject to 48 hours written notice being provided to the respondents by email, and is to be gained during reasonable working hours. Upon completion, a receipted invoice for this work is to be provided to the respondents by email, and the respondents are to reimburse the applicant for the total cost shown on the receipted invoice within 14 days of receiving it. These works must be completed within 45 days of the termination of the 45 day period specified in Order (1), and if they are not completed within that period, this order lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): dropping branches – apprehension of injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedures Rule 2005 Cases Cited: Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of amenity trees SafeWork NSW Work, Health and Safety guidelines Workcover NSW Code of Practice for the Amenity Tree Industry Category: Principal judgment Parties: Michael Leech (Applicant) Arch De Angelis (First Respondent) Robyn De Angelis (Second Respondent) Representation: M Leech, litigant in person (Applicant) A De Angelis, litigant in person (First Respondent) File Number(s): 2018/344491 Publication restriction: No