Jamieson v Tho and Hoang [2019] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Jamieson v Tho and Hoang [2019] NSWLEC 1092 Hearing dates: 28 February 2019 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The orders of the Court are: (1) 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 carry out the following works to the gum tree near their rear boundary: (a) remove deadwood greater than 25 mm diameter above the laneway and the applicants' property; (b) prune the lowest branches over the applicants' property, reducing back to suitable lateral branches, removing no more than 10% total live crown mass; and (c) inspect the entire tree crown and remove any other limbs identified as hazardous. (2) All pruning works ordered above must be carried out in accordance with AS4373:2007 Pruning of amenity trees and the WorkCover NSW Code of Practice for the Amenity Tree Industry. (3) The respondents are to give the applicants 7 days' notice of all works ordered above. (4) The applicants are to allow all access required to complete the works ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of injury or damage – pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373:2007 Pruning of amenity trees WorkCover NSW Code of Practice for the Amenity Tree Industry Category: Principal judgment Parties: Damien Jamieson (First Applicant) Felicia Jamieson (Second Applicant) Jennifer Sze Tho (First Respondent) Minh Hoang (Second Respondent) Representation: F Jamieson, litigant in person (Applicants) J Tho and M Hoang, litigants in person (Respondents) File Number(s): 2018/343123 Publication restriction: No