Hauser v Vila [2021] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Hauser v Vila [2021] NSWLEC 1546 Hearing dates: 16 September 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) Within 90 days of the date of these orders the applicant is to engage and pay for a suitably qualified arborist (minimum AQF Level 3) with all appropriate insurances to remove the conifer trees T1–T3 (see attached "Diagram A") to ground level and to prune conifer trees T4 to T7 (see attached "Diagram A") to a height of 5.5 metres above ground level. Stumps of trees T1–T3 are to be treated to prevent regrowth. The works are to be done in accordance with the Safe Work Australia 'Guide to Managing Risks of Tree Trimming and Removal Work', 2016. (2) On reasonable notice, the Respondent is to allow access required during reasonable hours of the day for quoting on the works, and for carrying out the works, in order (1). (3) The exhibits are returned except for Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedges – conifers – obstruction of sunlight – whether proposed consent orders should be made – whether the sunlight obstruction is severe – whether pruning is appropriate – removal of some trees is preferable – agreement between the parties noted Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Breen v Caronna [2008] NSWLEC 293 Texts Cited: Safe Work Australia 'Guide to Managing Risks of Tree Trimming and Removal Work', 2016 Category: Principal judgment Parties: Thomas Hauser (Applicant) Sonia Vila (Respondent) Representation: T Hauser (Litigant in Person) (Applicant) P Khoury (Solicitor) (Respondent)