Barbalace v Solomons [2021] NSWLEC 1402

Land and Environment Court New South Wales

Medium Neutral Citation: Barbalace v Solomons [2021] NSWLEC 1402 Hearing dates: 11 March 2021 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Class 1 Before: Douglas AC Decision: The orders of the Court are: (1) Within 30 days of the date of these orders, the respondents, at their expense, shall prune the height of the bamboo hedge, so that no part of it exceeds the height of a horizontal line, projected from the bottom edge of the corrugated roofing iron, at the north east corner of their house. (2) The respondents, at their expense, shall maintain the height of the bamboo hedge, so that at no time in the future, shall the hedge exceed the height specified in Order (1). (3) The respondents, at their expense, shall maintain the bamboo hedge, so that at no time after 30 days of the date of these orders, shall it grow beyond the current boundary fence line, within the applicant's property. (4) All pruning works shall be completed in compliance with Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) Should access be required to remove any refuse which falls into the applicant's property, the applicant shall grant the respondents access, upon receipt of at least 24 hours written notice. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – apprehension of additional damage to property – leaves and other refuse from trees falling on applicant's land – branches near electricity service wire Legislation Cited: Civil Procedure Act 2005, s 64 Environmental Planning and Assessment Act 1979 Trees (Disputes Between Neighbours) Act 2006, s 7, 9, 10, 12, 14 Uniform Civil Procedure Rules 2005 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, (2016) Category: Principal judgment Parties: Antonio Barbalace (Applicant) Chris Solomons (First Respondent) Lily Swanston (Second Respondent) Representation: A Barbalace (litigant in person) (Applicant) C Solomons (litigant in person) (First Respondent) L Swanston (litigant in person) (Second Respondent) File Number(s): 2020/356030 Publication restriction: No