NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Green v Bogdanovska [2019] NSWLEC 1243 Hearing dates: 31 May 2019 Date of orders: 31 May 2019 Decision date: 31 May 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Within 30 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 two cypress trees to no more than 50 cm above ground level. (3) The works ordered above must be carried out in accordance with AS4373:2007 'Pruning of amenity trees' and the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (4) On reasonable notice, the applicant is to allow any access required to complete the works ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – paving – consent orders Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Texts Cited: AS4373:2007 'Pruning of amenity trees' Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Raymond Green (Applicant) Valentina Bogdanovska (Respondent) Representation: R Green, litigant in person (Applicant) V Bogdanovska, litigant in person (Respondent) File Number(s): 2019/62081 Publication restriction: No
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