Barwick v Tulloh [2019] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Barwick v Tulloh [2019] NSWLEC 1650 Hearing dates: 20 November 2019; 6 December 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 30 days of the date of these orders, each party is to obtain two quotes from suitably experienced builders or contractors with all appropriate insurances to carry out repairs to the boundary retaining wall according to the recommendations in the report of D M Schaefer of Taylor Consulting dated 4 December 2019. (2) Within 30 days of the date of these orders the parties are to swap quotes and select the cheapest quote, or another if they agree on it. (3) Within 90 days of the date of these orders, the applicant is to engage and pay for the contractor selected in (2), to carry out repairs to the boundary retaining wall according to the recommendations in the report of D M Schaefer of Taylor Consulting dated 4 December 2019. (4) Within 14 days of receiving a copy of a receipted paid invoice for the works ordered above, the respondents are to pay the applicant 50% of the quoted amount. (5) If the respondents do not receive a receipted paid invoice for the works within 120 days of the date of these orders, order (4) lapses. (6) The parties are granted liberty to relist should any difficulties be encountered in carrying out these orders. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to retaining wall – who owns the retaining wall – tree should be removed – what repairs are required – who should pay for repairs Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Andrew James Barwick (Applicant) Barbara Tulloh (nee Black) (First Respondent) John Tulloh (Second Respondent) Representation: A Barwick (Litigant in person) (Applicant) B Tulloh (Litigant in person) (First Respondent) J Tulloh (Litigant in person) (Second Respondent) File Number(s): 2019/272840 Publication restriction: No