Brown v Beirne [2021] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Beirne [2021] NSWLEC 1397 Hearing dates: 13 April 2021 Date of orders: 09 July 2021 Decision date: 09 July 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the orders below. (2) Within 30 days of the date of these orders, the respondents are to engage and pay for a suitably qualified arborist (minimum AQF level 3) with appropriate insurances to remove the two trees at the western end of the hedge near their southern boundary. 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) If a new hedge is established near the respondents' southern boundary, or if the existing hedge is extended again, trees used must be of a species that does not grow beyond 2.5 metres in height, or trees must be maintained below 2.5 metres in height. (4) The exhibits are returned, except for Exhibits A, B, F, G, 1 and 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – lilly pilly – obstruction of sunlight– whether the obstruction is severe – privacy – whether benefits of trees outweigh the obstruction – orders for removing some trees in the hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Vartazarian v Elworthy; Fallows v Elworthy [2020] NSWLEC 1462 Texts Cited: 2016 Safe Work Australia 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Katherine Brown (Applicant) Jo-Anne Beirne (First Respondent) Gregory Beirne (Second Respondent) Representation: Counsel: K Brown (Litigant in Person) (Applicant) J Walker (Respondents)