Thomas v Al-Mouzafar [2019] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Al-Mouzafar [2019] NSWLEC 1104 Hearing dates: 14 March 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 45 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 remove the nine cypress trees in his back garden to no more than one metre above ground level. The works are to be done in accordance with the guidelines of the WorkCover NSW Code of Practice for the Amenity Tree Industry. (2) The works are to be done from within the respondent's property, but the applicant is to allow access to her property on reasonable notice, during reasonable hours of the day, for the purpose of cleaning up debris. (3) Within 60 days of the date of these orders the respondent is to plant three trees that are native to NSW and that can grow to at least 10 metres in height. The trees are to be planted at least one metre from any boundary. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage or injury – dead trees – fire – orders for removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Linda Thomas (Applicant) Younese Al-Mouzafar (Respondent) Representation: Counsel: M Mando (Respondent)

Other: L Thomas, litigant in person (Applicant) File Number(s): 2018/380783 Publication restriction: No