Ziaziaris v Li [2021] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: Ziaziaris v Li [2021] NSWLEC 1373 Hearing dates: 22 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the orders below. (2) In July of 2021, the respondents are to engage a suitably experienced horticultural contractor with all appropriate insurances to prune trees T1-T4 so that they are no taller than 500 mm below the top railing of the applicants' rear deck. (3) In July of each subsequent year beginning 2022, the respondents are to engage a suitably experienced horticultural contractor with all appropriate insurances to prune trees T1-T4 so that they are no taller than 400 mm below the top railing of the applicants' rear deck. (4) The respondents are to give the applicants at least 7 days' notice of the time and date of each pruning event in orders (2) & (3). (5) The applicants are to allow any access necessary for the works in orders (2) & (3) to be completed during reasonable hours of the day, including access to their rear deck. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – whether the trees form a hedge – one of the trees is not planted to form a hedge – view obstruction – whether the view obstruction is severe – sunlight obstruction – whether sunlight obstruction is severe – balancing of issues – privacy – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: John Ziaziaris (First Applicant) Pamela Ziaziaris (Second Applicant) Sol Qing Su Li (First Respondent) Xing Ping Zhang (Second Respondent) Representation: J Ziaziaris (Litigant in Person) (First Applicant) P Ziaziaris (Litigant in Person) (Second Applicant) H Li (Agent) (Respondents) File Number(s): 2021/50772 Publication restriction: No