Hepworth v Trzebiatowski [2022] NSWLEC 1093

Land and Environment Court New South Wales

Medium Neutral Citation: Hepworth v Trzebiatowski [2022] NSWLEC 1093 Hearing dates: 17 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [25]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of damage or injury – bushfire – orders for tree pruning and removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 6, 7, 9, 10, 12 Cases Cited: Willis v Johnson [2021] NSWLEC 1513 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Australian Standard AS 4373–2007 'Pruning of amenity trees' Safe Work Australia 2016 'Guide to managing risks of tree trimming and removal work' Category: Principal judgment Parties: Kathleen Hepworth (Applicant) Wojciech Trzebiatowski (First Respondent) Anna Pawlak (Second Respondent) Representation: K Hepworth (Litigant in Person) (Applicant) W Trzebiatowski (Litigant in Person) (First Respondent) File Number(s): 2021/306051 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background to the application 1. Kathleen Hepworth ('the Applicant') has applied to the Court pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'). Ms Hepworth seeks orders for removal of overhanging branches from one tree ('Tree 1') and removal of another tree ('Tree 2') on neighbouring land owned by Wojciech Trzebiatowski and Anna Pawlak ('the Respondents'). 2. The original application included only Tree 1, a Grey Gum (Eucalyptus punctata). The application was subsequently amended to add Tree 2, a Black Tea-tree (Melaleuca bracteata).