Guo v Sefton [2021] NSWLEC 1184

Land and Environment Court New South Wales

Medium Neutral Citation: Guo v Sefton [2021] NSWLEC 1184 Hearing dates: 25 February 2021 Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Class 1 Before: Douglas AC Decision: The orders of the Court are: (1) The application is upheld. (2) The respondents shall engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to prune all (approximately 20) trees in the Leyland Cypress hedge to a height that does not exceed 3.25 metres above the existing ground level in the respondent's property, and to prune the back of the hedge to remove all foliage which grows beyond the common boundary into the applicants' 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 45 days of the date of these orders. (5) Upon receipt of no less than 24 hours' written 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 respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances, to carry out the works in order (2) in accordance with order (3). (7) Upon receipt of no less than 24 hours' written 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: Conveyancing Act 1919 s 88 Land and Environment Court Act 1979 s 40 Trees (Disputes Between Neighbours) Act 2006 ss 8, 10, 14 Cases Cited: Antipas v Kutcher (2006) 144 LGERA 289; [2006] NSWLEC 42 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Ying Guo (First Applicant) Wei Shang (Second Applicant) Stephen Sefton (First Respondent) Cherry Sefton (Second Respondent) Representation: Y Guo (Litigant in person) (First Applicant) W Shang (Litigant in person) (Second Applicant) S Sefton (Litigant in person) (Respondents) File Number(s): 2020/326294 Publication restriction: No