Lang v Huggett

Lang and Huggett appeared before the Local Court of New South Wales, where Lang sought to have a Bunya Pine removed from Huggett’s property, citing concerns over the tree's potential impact on his property. Huggett opposed the removal, arguing that the tree was a valuable part of the landscape and posed no immediate threat. The court was required to balance Lang’s concerns for his property with Huggett’s rights as a property owner and the potential environmental impact of removing the tree.

The primary legal issue was whether the tree constituted a nuisance or posed a risk to Lang’s property that justified its removal. The court had to consider relevant legislation, including the Local Government Act 1993 and the Native Vegetation Act 2003, which protect significant trees and consider their ecological value. The court also needed to weigh the rights and responsibilities of the parties under common law principles of nuisance and property rights.

The court dismissed Lang's application for tree removal, finding that there was no immediate risk posed by the tree to Lang's property. Instead, the court ordered that an arborist conduct a climbing inspection of the Bunya Pine during December each year, removing any cones larger than 80mm and any necessary limbs to access the entire crown for inspection and de-coning. The works must comply with AS4373 and the WorkCover NSW Code of Practice for the Amenity Tree Industry. Huggett must give Lang two weeks' notice of the inspection and works, while Lang must provide necessary access during reasonable hours. Lang may engage an arborist up to AQF Level 5 to supervise the works, with Huggett to pay Lang for the supervision if a receipted invoice is presented within 14 days of the works. If no invoice is received within 14 days, the payment obligation lapses.