Lakiss v Piangas [2020] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: Lakiss v Piangas [2020] NSWLEC 1405 Hearing dates: 2 June 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) Within 30 days of the date of these orders, the respondents are to engage a suitably qualified and experienced arborist (minimum AQF Level 3) with all appropriate insurances to remove to ground level all cypress trees (six or as otherwise found to be present) in the row adjacent to their western boundary. These works must be carried out in accordance with the Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work. (2) The respondents are to give the applicant at least two days' notice of the works. (3) The applicant is to provide all reasonable access required for completing the tree removal works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to driveway and fence – whether the damage is caused by neighbouring trees – whether the trees should be removed – whether damage requires repairs – whether the tree owner should pay for repairs Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Texts Cited: Bankstown Development Control Plan 2015 Safe Work Australia (2016) Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Peter Lakiss (Applicant) George Piangas (First Respondent) Angelo Piangas (Second Respondent) Konnie Piangas (Third Respondent) Representation: M Lakiss (Agent) (Applicant) No appearance (Respondents) File Number(s): 2019/348686 Publication restriction: No