Marks v Perham [2020] NSWLEC 1057

Land and Environment Court New South Wales

Medium Neutral Citation: Marks v Perham [2020] NSWLEC 1057 Hearing dates: 5 December 2019 Date of orders: 17 January 2020 Decision date: 17 January 2020 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 arborist (minimum AQF level 3) with all appropriate insurances to: (a) Prune T5 to remove the dead eastern half of the crown. (b) Remove T7 to no more than 200 mm above ground level. (2) These works must be carried out in accordance with AS4373 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 applicants two days' notice of the works in (1). (4) The applicants are to allow all access required to complete the works in (1) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –– risk of damage or injury in the near future – whether the applicants contributed to tree damage Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Joaquim v Adamson [2009] NSWLEC 1312 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373 Pruning of amenity trees 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Aidan Austin Marks (First Applicant) Ryan Mitchell Swanson (Second Applicant) Benjamin William John Perham (Respondent) Representation: Counsel: L Walsh (Applicants) B Perham (Litigant in person) (Respondent)