Lestone v Prytz

[2025] QCAT 35

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Lestone v Prytz [2025] QCAT 35

PARTIES:

COLIN LESTONE

(applicant)

OLIVE ELIZABETH LESTONE

(APPLICANT)

v

ARNSTEIN PRYTZ

(respondent)

LUCIA MARIA PRYTZ

(RESPONDENT)

APPLICATION NO/S:

NDR163-20

MATTER TYPE:

Other civil dispute matters

DELIVERED ON:

13 January 2025

HEARING DATE:

11 March 2024; 5 June 2024

HEARD AT:

Brisbane

DECISION OF:

Member Deane

ORDERS:

1.     Arnstein Prytz and Lucia Maria Prytz must:

(a)     engage an arborist with a minimum qualification of Australian Qualification Framework level 5 in arboriculture with appropriate insurances to provide a report (Level 5 Report);

(b)     at the time of engagement, give to such level 5 arborist a copy of the Tree Assessor’s Report dated 9 December 2022 (Tree Assessor’s Report), this Decision and the reasons for decision;

(c)     give a copy of the written engagement to Colin Lestone and Olive Elizabeth Lestone within seven days of the engagement;

(d)     file in the Tribunal and give a copy of the Level 5 Report to Colin Lestone and Olive Elizabeth Lestone within seven days of receipt and no later than 4:00pm on 28 March 2025.

2.     The Level 5 Report must:

(a)     assess and identify which trees in the area identified as G1 in the Tree Assessor’s Report are higher than the level of the floor to the upper floor of Colin Lestone and Olive Elizabeth Lestone’s house such that they obstruct the view from the upper floor given the relative elevation of the land (the Height Restriction);

(b)     assess and identify which trees in the area identified as G1 in the Tree Assessor’s Report have the potential to exceed the Height Restriction and assess whether such trees can be safely pruned so that they do not exceed the Height Restriction and if they can be safely pruned, advise on the method and frequency of required pruning;

(c)     assess and identify which trees in the area identified as G1 in the Tree Assessor’s Report have a canopy, which extends no further than four metres from the western side of Arnstein Prytz and Lucia Maria Prytz’s house (the Canopy Restriction) and assess whether such trees can be safely pruned so that they do not exceed the Canopy Restriction and if they can be safely pruned, advise on the method and frequency of required pruning;

(d)     advise on appropriate trees which may be planted as replacement trees along the boundary and in G1, which do not have the potential to exceed the Height Restriction, or which can be safely pruned to not exceed the Height Restriction and the Canopy Restriction and if they can be safely pruned, advise on the method and frequency of required pruning.

3.     Arnstein Prytz and Lucia Maria Prytz must engage an arborist with a minimum qualification of Australian Qualification Framework level 3 in arboriculture with appropriate insurances to perform the following work and must give such arborist a copy of the Level 5 Report and the Tree Assessor’s Report, if such arborist does not already have a copy:

(a)     remove all…