Mehta v Pursell [2019] NSWLEC 1649

Land and Environment Court New South Wales

Medium Neutral Citation: Mehta v Pursell [2019] NSWLEC 1649 Hearing dates: 6 December 2019; 16 December 2019 Date of orders: 16 December 2019 Decision date: 16 December 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 90 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 remove all three stems of T1 (T1–T3 in the application) and T4 to no more than 50 cm above ground level. (2) The works ordered above must be carried out in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (3) The respondent is to give the applicant 2 days' notice of the works ordered above. (4) The applicant is to allow any access required to complete the works ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – whether the application was served correctly – PART 2 application – risk of damage or injury in the near future – orders for tree removal – PART 2A application – obstruction of sunlight – whether the trees are planted so as to from a hedge Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Yang v Scerri [2007] NSWLEC 592 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Sugam Mehta (Applicant) Peter Gordon Grenville Pursell (Respondent) Representation: Counsel: S Mehta (Litigant in person) (Applicant) P Falzon (Solicitor) (Respondent)