Dewar v Dafville Pty Ltd [2020] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Dewar v Dafville Pty Ltd [2020] NSWLEC 1066 Hearing dates: 13 February 2020 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Within 30 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 remove the tree that is the subject of this application to no more than one metre above ground level. (3) These works must be carried out in accordance with the 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work. (4) The respondent is to give the applicants two days' notice of the works in (2). (5) The applicants are to allow all access required to complete the works in (2) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – likelihood of damage – applicants seek tree removal and costs – no appearance by respondent – tree removal ordered Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Uniform Civil Procedure Rules 2005 Texts Cited: 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Kevin Dewar (First Applicant) Susan Dewar (Second Applicant) Dafville Pty Ltd (Respondent) Representation: Counsel: P Steele (Solicitor) (Applicants) No appearance (Respondent)