Anstey v Amon [2019] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: Anstey v Amon [2019] NSWLEC 1503 Hearing dates: 17 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 60 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 prune the Bangalay near her side boundary to remove all branches within 2 metres of the applicant's television antenna. (2) Pruning 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'. (3) The respondent is to give the applicant 7 days' notice of the works ordered above. (4) The applicant is to allow all access required to complete the works ordered above during reasonable hours of the day. (5) Within 30 days of receiving a receipted paid invoice for repairs to the applicant's television antenna, the respondent is to pay the applicant the lesser of $330 or the invoice amount. (6) If the respondent does not receive an invoice for antenna repairs within six months of the date of these orders, order (5) lapses. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – debris – television antenna and fence damaged – sewer blocked – structural damage to dwelling – compensation sought – lack of evidence regarding causation – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Fang v Li [2017] NSWLEC 1503 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: Carolyn Ellen Anstey (Applicant) Wendy Amon (Respondent) Representation: C Anstey (Litigant in person) (Applicant) W Amon (Litigant in person) (Respondent) File Number(s): 2019/182132 Publication restriction: No