Singh v Mammarella [2021] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Singh v Mammarella [2021] NSWLEC 1095 Hearing dates: 10 December 2020 Date of orders: 2 March 2021 Decision date: 02 March 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The application is granted. (2) The respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurance: to prune all seven trees in the hedge to a height that does not exceed 4.4 metres above the existing ground level in the respondent's property, and to remove any resulting debris from the applicants' property. (3) The works are to be done in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) The works in order (2) are to be completed within 60 days of the date of these orders. (5) Upon receipt of no less than 24 hours' notice, the applicants are to provide any access required for the works in order (2) during reasonable hours of the day. (6) Every year during April, beginning in 2022, the respondent is to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurance, to carry out the works in order (2) in accordance with order (3). (7) Upon receipt of no less than 24 hours' notice each year, the applicants are to provide any access required for the works in order (6) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is the obstruction of sunlight severe – balance between sunlight and privacy – pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2A, ss 14A, 14B, 14E Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Texts Cited: Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Daljit Singh (First Applicant) Satinder Kaur (Second Applicant) Mario Mammarella (Respondent) Representation: D Singh (Litigant in person) (First Applicant) S Kaur (Litigant in person) (Second Applicant) M Mammarella (Litigant in person) (Respondent) E Von Brandis-Martini (Agent) (Respondent) File Number(s): 2020/259679 Publication restriction: No