Hale v McAlpin [2020] NSWLEC 1176

Land and Environment Court New South Wales

Medium Neutral Citation: Hale v McAlpin [2020] NSWLEC 1176 Hearing dates: 28 February 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (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 remove the elm tree in her rear garden to no more than one metre above ground level. (2) These works must be carried out in accordance with the 2016 Safe Work Australia "Guide to managing risks of tree trimming and removal work". (3) The respondent is to give the applicant two days' notice of the works in (1). (4) The applicant is to allow any access required to complete the works in (1) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property by tree roots – respondent has agreed to remove the tree – applicant seeks compensation for damage – whether the respondent could have prevented damage – whether the respondent should pay compensation Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Donnelly v Hunter's Hill Council [2020] NSWDC 76 Robson v Leischke (2008) 72 NSWLR 98; (2008) 159 LGERA 280; [2008] NSWLEC 152 Texts Cited: Safe Work Australia 2016 "Guide to managing risks of tree trimming and removal work" Category: Principal judgment Parties: Pamela Hale (Applicant) Susan McAlpin (Respondent) Representation: Counsel: P Hale (Litigant in person) (Applicant) O Yeatman (Solicitor) (Respondent)