The Owners Strata Plan 77450 v Deng [2019] NSWLEC 1654

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners Strata Plan 77450 v Deng [2019] NSWLEC 1654 Hearing dates: 18 December 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court Orders: (1) The application is granted. (2) The tree shall be pruned at the applicants expense in accordance with the specifications of quote STS 1634 from Sydney Tree Solutions, dated 3 February 2019. (3) All pruning work is to be completed by qualified arborists (minimum AQF level 3) with appropriate insurances, and is to comply with AS4373: 2007 (Pruning of Amenity Trees). (4) All tree work must comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) Mr Deng shall provide access to his property, should it be required, for the contracted arborists to undertake these works, upon receipt of at least 48 hours written notice from the applicant, of the date and approximate time works are to commence. (6) If these works are not completed within 6 months of the date of these orders, then Order 2 will lapse. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage from falling branches – apprehension of injury Legislation Cited: Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Brown & anor v Weaver [2007] NSWLEC 738 Drolz v Sinclair [2008] NSWLEC 34 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: The Owners Strata Plan 77450 (Applicant) Zhong Deng (Respondent) Representation: Other: P Perryman (Agent) (Applicant) Z Deng (self-represented) (Respondent) File Number(s): 2019/310465 Publication restriction: No