Wise v Hickey [2019] NSWLEC 1524

Land and Environment Court New South Wales

Medium Neutral Citation: Wise v Hickey [2019] NSWLEC 1524 Hearing dates: 4 October 2019 Date of orders: 06 November 2019 Decision date: 06 November 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The application is granted. (2) The respondents are to engage and pay for an Australian Qualification Framework (AQF) level 3 arborist, with all appropriate insurances, to remove palms T2, T4 and T5 and the smaller stem belonging to T3. (3) The works must be undertaken in accordance with the Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016, and the Workcover NSW 'Code of Practice for the Amenity Tree Industry', 1998. (4) Any trees subsequently planting along the western boundary of the respondents' property shall be maintained at or below a maximum height of four metres above ground level, measured at the base of each tree. (5) Order (2) to be completed within 45 days of the date of these orders. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – view obstruction Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Uniform Civil Procedures Rules 2005 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Workcover NSW 'Code of Practice for the Amenity Tree Industry, 1998 Category: Principal judgment Parties: Darien Wise (Applicant) Michael Hickey (First Respondent) Gail Hickey (Second Respondent) Representation: Counsel: P Mills (Solicitor) (Applicant) M Hickey (Self-represented) (First Respondent)