Terenzini v Clulow [2020] NSWLEC 1109

Land and Environment Court New South Wales

Medium Neutral Citation: Terenzini v Clulow [2020] NSWLEC 1109 Hearing dates: 13 February 2020 Date of orders: 27 February 2020 Decision date: 27 February 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted. (2) 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 remove the three trees that are 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 applicant two days' notice of the works in (2). (5) The applicant is to allow all access required to complete the works in (2) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – whether the trees have caused damage – whether the trees are likely to cause damage – benefits of the trees – whether the trees can be retained – tree removal ordered Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Texts Cited: Safe Work Australia (2016) "Guide to managing risks of tree trimming and removal work" Category: Principal judgment Parties: John Terenzini (Applicant) Michael Clulow (Respondent) Representation: J Terenzini (Litigant in person) (Applicant) M Clulow (Litigant in person) (Respondent) File Number(s): 2019/342006 Publication restriction: No