Grant v Zhao [2019] NSWLEC 1387

Land and Environment Court New South Wales

Medium Neutral Citation: Grant v Zhao [2019] NSWLEC 1387 Hearing dates: 15 August 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Before 15 January 2020, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to: (a) Remove trees T1 and T2 to no more than one metre above ground level; (b) Prune T3 to reduce its crown overhanging the applicants' property by ~15%; (c) Remove any parts of roots and stumps of T1 and T2 that would interfere with construction of a fence along the common boundary. (3) The works in (2) are to 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) Access for the works in (2) is to be through the applicants' property. (5) At least seven days before the works in (2), the respondents are to notify the applicants of the date of the works and provide the applicants with copies of the contractor's relevant insurance certificates and qualifications. (6) The applicants are to allow all access for the works to be completed during reasonable hours of the day. (7) The respondents are to compensate the applicants for any damage caused by their contractors carrying out the works. (8) Within 30 days of the date of these orders, the applicants and the respondents are each to obtain two quotes to replace their common boundary fence with a fence to match the respondents' side boundary fences, and provide each other with copies of the quotes. (9) Within 30 days of the tree works in (2) being completed, the applicants and respondents are to engage the fencing contractor with the cheapest quote, or another if they so agree, to replace the fence along their common boundary. (10) The applicant and the respondent are each to pay 50% of the cost of the fencing works. (11) Liberty to relist for the purpose of amending orders if necessary, should the respondents sign a contract to sell their property within the timeframe of the orders. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage or injury – previous agreement between the parties – respondents have completed landscaping works – access for works Legislation Cited: Dividing Fences Act 1991 (NSW) Trees (Disputes Between Neighbours Act) 2006 (NSW) 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: McGregor Grant (First Applicant) Frances Grant (Second Applicant) Ray Zhao (First Respondent) Lai Xiang Yuan (Second Respondent) Representation: M Grant and F Grant, litigants in person (Applicants) R Zhao and L X Yuan, litigants in person (Respondents) File Number(s): 2019/88280 Publication restriction: No