Tanios v Giourgas [2022] NSWLEC 1178

Land and Environment Court New South Wales

Medium Neutral Citation: Tanios v Giourgas [2022] NSWLEC 1178 Hearing dates: 31 March 2022 Date of orders: 31 March 2022 Decision date: 31 March 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted. (2) During April and October of each year, beginning April 2022, the respondents are to prune, or engage and pay for a suitably experienced contractor to prune, the bamboo so that no part of the bamboo is more than 3 metres above ground level measured from the ground where the bamboo is planted. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – risk of damage to property – Pt 2A application – neighbouring hedge – obstruction of sunlight – whether the obstruction is severe – privacy and other benefits of the trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, 12, Pt 2A ss 14B, 14E, 14F Category: Principal judgment Parties: George Tanios (Applicant) Steven Giourgas (First Respondent) Mary Giourgas (Second Respondent) Representation: Counsel: G Tanios (Self-represented) (Applicant) S Giourgas (Self-represented and Agent) (First and Second Respondents) File Number(s): 2021/298768 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. Acting Commissioner: George Tanios (the applicant) has applied to the Court pursuant to s 7 (Pt 2) and s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for his neighbours Steven and Mary Giourgas (the respondents) to prune bamboo on their property. 2. Under Pt 2 of the Trees Act, Mr Tanios seeks orders for the bamboo to be pruned to prevent it striking and damaging his dwelling. Under Pt 2A, he seeks orders for the bamboo to be pruned to reduce its obstruction of sunlight to his dwelling.