NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Woodward v Fenner [2019] NSWLEC 1285 Hearing dates: 19 June 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application for compensation is refused. (2) The application to remove the tree is granted. (3) 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 remove their paperbark tree to no more than 50 cm above ground level. The work must be carried out in accordance with 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 work ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – sewer pipe – paving – compensation – respondents had applied to remove tree Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Texts Cited: Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Michele Woodward (Applicant) Bradley Fenner (First Respondent) Frances Fenner (Second Respondent) Representation: B Fenner and F Fenner, litigants in person (Respondents)
Solicitors P Maluga, PM Legal Services & Consultancy (Applicant) File Number(s): 2019/53528 Publication restriction: No
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