Le Bron v Chidiac [2019] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Le Bron v Chidiac [2019] NSWLEC 1194 Hearing dates: 25 March 2019 Date of orders: 01 May 2019 Decision date: 01 May 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The respondent is to remove the Cupressus macrocarpa (Monterey Cypress) to near ground level and poison its stump. This tree removal work shall be completed within 45 days of the date of these orders, and at the respondent's expense. (2) The quadrant of the Eucalyptus saligna (Sydney Blue Gum) canopy overhanging the applicant's property shall be pruned annually to remove all deadwood above 10mm diameter at the branch collar. This should be completed in July or August each year, prior to spring winds and the subsequent swimming season. Even if it is completed prior to these months this year, the next annual pruning ordered shall be completed in July or August, 2020, and then each subsequent July or August. The work is to comply with AS4373-2007 Pruning of amenity trees. (3) The expense for this annual dead-wooding shall be shared equally between the parties. Each year, the applicant and the respondent may each procure up to two quotes for the work specified in order 2. If they cannot agree on an arborist, the least expensive of the quotes is to be selected, provided that they meet all requirements of Orders (2) and (4). Within 14 days of receipt of a copy of a paid invoice for these works, Ms Le Bron is to reimburse Dr Chidiac 50% of the total of the invoice. (4) All works shall be undertaken by AQF level 3 qualified arborists, with appropriate Public Liability insurance, and in compliance with Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016. If required for any of these works, as is likely, access is to be provided by the applicant, subject to notice of at least 48 hours, and entry only during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): risk of injury – damage to fence and pool cover – tree was there first Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Robson v Leischke [2008] NSWLEC 152 [225] Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of amenity trees AS4970-2009 Protection of Trees on Development sites Expert Witness Code of Conduct (NSW Uniform Civil Procedures Rules, 2005) Safe Work Australia 'Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Susannah Le Bron (Applicant) Paul Victor Chidiac (Respondent) Representation: Solicitor: P Holland, McCullough Robertson Lawyers (Applicant)