Dara v Mayadunne [2019] NSWLEC 1217

Land and Environment Court New South Wales

Medium Neutral Citation: Dara v Mayadunne [2019] NSWLEC 1217 Hearing dates: 4 April 2019 Date of orders: 29 May 2019 Decision date: 29 May 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders:

(1) The canopies of the two Eucalyptus saligna (Sydney Blue Gum) trees overhanging the applicant's property, including the nature strip in front of his property, shall be pruned annually to remove all deadwood above 20mm diameter at the branch collar. This shall initially be completed within eight weeks of the date of these orders, and during July or August of each subsequent year. The Monstera deliciosa, which is climbing up the lower trunk of Tree 1, shall also be removed in conjunction with the initial pruning. The work is to comply with AS4373-2007 Pruning of amenity trees. (2) 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 1. 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 1 and 3. Within 14 days of receipt of a copy of a paid invoice for these works, Mr Dara is to reimburse Mr and Mrs Mayadunne 50% of the total of the invoice. (3) 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) – apprehension of damage to property and of injury – tree removal sought Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Black v Johnson (No 2) [2007] NSWLEC 513 Hinde v Anderson & anor [2009] NSWLEC 1148 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373-2007 Pruning of amenity trees Hornsby Development Control Plan 2013 Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Venkata Kiran Kumar Dara (Applicant) Upali Mayadunne (First Respondent) Sujatha Mayadunne (Second Respondent) Representation: Solicitors: A Pickup, Local Government Legal, Hornsby Shire Council (Interested party)