Gudelj v Szabo [2021] NSWLEC 1127

Land and Environment Court New South Wales

Medium Neutral Citation: Gudelj v Szabo [2021] NSWLEC 1127 Hearing dates: 9 March 2021 Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application regarding Trees 1 and 2 is granted; the application regarding Trees 3-5 is refused. (2) Within 60 days of the date of these orders the respondent is to engage and pay for a suitably qualified arborist or horticulturist (minimum AQF level 3), with all appropriate insurances, to remove Trees 1 and 2 to within 200 mm of ground level. The works are to be done in accordance with the 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work'. (3) The respondent is to give the applicant at least 2 days' notice of the works. (4) The exhibits are returned, except for Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – damage to tiled verandah – two of five trees have caused or are likely to cause damage – orders to remove two of five trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, 12 Cases Cited: Black v Johnson (No 2) [2007] NSWLEC 513 Texts Cited: Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (2016) Category: Principal judgment Parties: Stjepan Gudelj (Applicant) Alexander Szabo (First Respondent) Valentina Szabo (Second Respondent) Representation: S Gudelj (Litigant in Person) (Applicant) J Lindgren (Solicitor) (Respondents)