Jones v Moser (No 2) [2021] NSWLEC 1132

Jones v Moser (No 2) [2021] NSWLEC 1132

The original sequence of orders did not provide for the provision of contractor's insurance as required by the certifier; therefore, amendment of the orders as agreed between the parties was necessary to facilitate compliance and finalisation of the works.

Parties
First Applicant: Christopher David Jones; Second Applicant: Samantha Jane Jones; First Respondent: Carl Ulrich Mathias Moser; Second Respondent: Clare Marie Morrison
Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Tree Dispute (class 2) / Amendment of Orders/final Orders
Outcome
Amended orders made as set out to facilitate completion of tree removal and associated retaining wall works.
Legal Topics
Trees (disputes Between Neighbours), Amendment of Court Orders, Boundary Retaining Walls, Neighbour Disputes
Environmental Law Property Law Trees (disputes Between Neighbours) Amendment of Court Orders Boundary Retaining Walls Neighbour Disputes

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Parties

Christopher David Jones

First Applicant

Samantha Jane Jones

Second Applicant

Carl Ulrich Mathias Moser

First Respondent

Clare Marie Morrison

Second Respondent

Procedural Posture

Tree Dispute (class 2) / Amendment of Orders/final Orders

Legal Issues

  1. 1 Whether existing orders relating to removal of tree and replacement of retaining wall required amendment to facilitate completion
  2. 2 Appropriate amendment of process for contractor selection, insurance, and certification under the Trees (Disputes Between Neighbours) Act 2006 (NSW)

Ratio Decidendi

The original sequence of orders did not provide for the provision of contractor's insurance as required by the certifier; therefore, amendment of the orders as agreed between the parties was necessary to facilitate compliance and finalisation of the works.

Court Disposition

Amended orders made as set out to facilitate completion of tree removal and associated retaining wall works.

Orders

  • Amended process for obtaining quotes and selecting contractor for tree removal;
  • Amended process for development consent and construction of boundary retaining wall/fence;