Younis v Niccol [2019] NSWLEC 1441

Land and Environment Court New South Wales

Medium Neutral Citation: Younis v Niccol [2019] NSWLEC 1441 Hearing dates: 12 September 2019 Date of orders: 12 September 2019 Decision date: 12 September 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The orders of the Court are: (1) The application to prune the tree is granted as per the following orders. (2) Within 60 days of the date of these orders, the respondents are to engage a suitably qualified and experienced (minimum AQF level 3) arborist with all appropriate insurances to: (a) Prune the Liquidambar as per the pruning diagram on page 6 of the Draper report dated 12/6/2019 (see annexure); (b) Prune remaining branch stubs back to their branch collars. (3) The works in (2) 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) The respondents are to give the applicant 7 days' notice of the works in (2). (5) On reasonable notice, the applicant is to allow any access required to complete the works ordered above during reasonable hours of the day. (6) Every two years during October, beginning October 2021, the respondents are to engage a suitably qualified and experienced (minimum AQF level 3) arborist with all appropriate insurances to remove all deadwood and any other branches identified by the arborist as hazardous. (7) The works in (6) 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'. (8) The respondents are to give the applicant 7 days' notice of the works in (6). (9) The applicant is to provide any access necessary for the works in (6) to be carried out during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage or injury – previous pruning by respondents – branch failures – extent of pruning required to minimise risk Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Texts Cited: AS4373:2007 'Pruning of amenity trees' Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: William Younis (Applicant) Alan Niccol (First Respondent) Wilhelmina Niccol (Second Respondent) Representation: W Younis, litigant in person (Applicant) I Niccol, agent (Respondents) File Number(s): 2019/127034 Publication restriction: No