Cohen v Haydon

[2022] NSWLEC 1564

Land and Environment Court

New South Wales

Medium Neutral Citation:

Cohen v Haydon [2022] NSWLEC 1564

Hearing dates:

25 July 2022

Date of orders:

25 July 2022

Decision date:

25 July 2022

Jurisdiction:

Class 2

Before:

Douglas AC

Decision:

The Court orders that:

(1) The application is granted.

(2) Within 40 days of the date of these orders, the respondent, at his expense, shall employ arborists to remove the large dead Eucalyptus tree in the north-west corner of his rear yard, to a trunk height no higher than three (3) metres above ground level, measured from immediately adjacent to the trunk base. All timber refuse from the tree shall be removed from the site.

(3) The tree removal works shall be completed by AQF level 3 qualified arborists who hold all industry appropriate insurances. The respondent, or his contracted arborists, shall supply the applicant with a copy of Certificates of Currency of said insurances at least 48 hours prior to the commencement of the tree removal works.

(4) The tree removal works shall be completed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016.

(5) The respondent shall provide the applicant with at least 72 hours written notice of the date and approximate start time of the tree removal works.

(6) Should it be required, the applicant shall allow all reasonable access for the contracted arborists, who hold all industry appropriate insurances, to remove all refuse from the tree from the applicant’s property, upon receipt of at least 72 hours written notice.

(7) Should any damage occur to the applicant’s property, the respondent and/or the respondent‘s contracted arborists shall be financially responsible to rectify any damage so caused.

(8) The tree removal works shall be undertaken during reasonable working hours.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) - apprehension of damage and injury

Legislation Cited:

Trees (Disputes between Neighbours) Act 2006, ss 7, 9, 10, 12

Cases Cited:

McPherson v Lake [2017] NSWLEC 1081

Reuben v Lace [2010] NSWLEC 1024

Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152

Yang v Scerri [2007] NSWLEC 592

Texts Cited:

Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work 2016

Category:

Principal judgment

Parties:

E Cohen (Applicant)
P Haydon (Respondent)

Representation:

E Cohen (Self-represented) (Applicant)
Non-appearance (Respondent)

File Number(s):

22/133944

Publication restriction:

No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1. COMMISSIONER: This is an application, pursuant to s 7 of Part 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act) by Mr Cohen, relating to a Eucalyptus saligna (Sydney Blue Gum) (the tree) located in the rear yard of the adjacent neighbouring property.

2. Mr Cohen (the applicant) and Mr Haydon (the respondent), share a side boundary between their properties in Lisarow, on the central coast. The applicant’s property is located on the western side of the respondent’s land, and both properties face the same narrow crescent,…