Jones v Moser (No 2)

[2021] NSWLEC 1132

Land and Environment Court

New South Wales

Medium Neutral Citation:	Jones v Moser (No 2) [2021] NSWLEC 1132
Hearing dates:	29 May 2020; 26 February 2021
Date of orders:	26 February 2021
Decision date:	26 February 2021
Jurisdiction:	Class 2
Before:	Galwey AC
Decision:	See final orders at [4]
Catchwords:	TREES (DISPUTES BETWEEN NEIGHBOURS) – amendment to orders to facilitate completion
Legislation Cited:	Trees (Disputes Between Neighbours) Act 2006 (NSW), s 9
Cases Cited:	Jones v Moser [2020] NSWLEC 1399
Texts Cited:	Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work
Category:	Principal judgment
Parties:	Christopher David Jones (First Applicant) Samantha Jane Jones (Second Applicant) Carl Ulrich Mathias Moser (First Respondent) Clare Marie Morrison (Second Respondent)
Representation:	C Jones (Litigant in person) (Applicants) C Moser (Litigant in person) (First Respondent) C Morrison (Litigant in person) (Second Respondent)
File Number(s):	2020/40586
Publication restriction:	No

Judgment

Background

1. In proceedings 40586 of 2020, I made orders pursuant to s 9 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) in Jones v Moser [2020] NSWLEC 1399. Apart from requiring removal of a tree, the orders required the parties to gain quotes, development consent and certification for replacement of a retaining wall. Due to the complexity of the process, as well as the potential difficulty to satisfy proposed timeframes due to COVID restrictions, the parties were given liberty to relist on two days’ notice.

2. During the process of carrying out the orders, the Applicants contacted the Court to explain that the certifier in order (5) required a copy of the nominated contractor’s insurance. The process of obtaining quotes and selecting a contractor was set out in order (6). The sequence of the orders did not allow for this.

3. I heard from the parties again on 26 February 2021. The Respondents and the Applicants agreed that the amendments made to orders (5) and (6) should allow the matter to be finalised. The nature and outcomes of the orders remains consistent, but the sequence at orders (5) and (6) has been amended. For clarity, I include the complete orders below. Orders (1)-(5) were completed as at 26 February 2021.

Orders

4. The Court orders that:

1. Within 14 days of the date of these orders, the Respondents and the Applicants are each to obtain two quotes from arborists with a minimum AQF Level 3 qualification and all appropriate insurances to remove to ground level the Respondents’ cypress tree located adjacent to their western boundary.

2. Within 14 days of the date of these orders the Respondents and Applicants are to exchange quotes and agree on the appropriate contractor or, if no agreement can be reached, select the cheapest quote.

3. Within 28 days of the date of these orders, the Respondents are to engage and pay for the arborist selected in Order (2) to remove to ground level the Respondents’ cypress tree located adjacent to their western boundary. These works must be carried out in accordance with the Safe Work Australia (2016) Guide to…