Umlil v Smith [2020] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: Umlil v Smith [2020] NSWLEC 1161 Hearing dates: 19 March 2020 Date of orders: 19 March 2020 Decision date: 19 March 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) Within 30 days of the date of these orders, the parties are each to obtain and swap with each other at least one quote from a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances, for pruning the tree on their common boundary as described in order (2). (2) Within 6 months of the date of these orders, excluding 17–19 April, the applicant is to engage the arborist with the cheapest quote from (1), or another if agreed, to prune the tree to remove dead and broken branches and to reduce the crown above the applicant's property, removing no more than 20% of live crown mass. All pruning works must be carried out in accordance with AS4373:2007 Pruning of amenity trees and the 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work. (3) On reasonable notice, the respondents are to allow any access necessary for the pruning works in (2) to be completed. (4) Within 7 days of receiving a copy of a receipted paid invoice for the pruning works, the respondents are to pay the applicant 50% of the quoted amount. (5) If the parties agree to tree removal prior to the pruning ordered above, orders (1)–(4) lapse. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – risk of injury – boundary tree – whether the tree is principally on the respondents' land – shared ownership of the tree – whether tree removal is required – respondents' property is for sale Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Chan v McDonald [2018] NSWLEC 1692 Texts Cited: AS4373:2007 Pruning of amenity trees Safe Work Australia 2016 "Guide to managing risks of tree trimming and removal work" Category: Principal judgment Parties: Fouad Umlil (Applicant) Aurora Smith (First Respondent) Neil Robert Smith (Second Respondent) Representation: F Umlil (Litigant in person) (Applicant) H Smith (Agent) (Respondents) File Number(s): 2019/403081 Publication restriction: No