Trigas v Jennings [2022] NSWLEC 1333

Land and Environment Court New South Wales

Medium Neutral Citation: Trigas v Jennings [2022] NSWLEC 1333 Hearing dates: 22 June 2022 Date of orders: 22 June 2022 Decision date: 22 June 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [22]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – risk of damage to property – risk of injury – orders for removal of one tree and pruning of one tree – apportionment of pruning costs Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 6, 7, 10, 12 Cases Cited: 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: Grigorios Trigas (First Applicant) Anastasia Trigas (Second Applicant) Jean Jennings (Respondent) Representation: Counsel: G Trigas (Self-represented) (First Applicant) A Trigas (Self-represented) (Second Applicant) P Mitchell (Solicitor) (Respondent)

Solicitors: Peter Mitchell Lawyers (Respondent) File Number(s): 2022/83271 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: Two trees, both eucalypts, overhang the rear garden of the Padstow property where Grigorios Trigas and his daughter Anastasia Grigorios (the Applicants) live. Over the years, branches and other debris have dropped from the trees. Mr Trigas and Ms Trigas have applied to the Court, pursuant to s 7 (Pt 2) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the removal of both trees or, failing that, the removal of one tree and the removal of all parts of the other tree that overhang their property. 2. Jean Jennings (the Respondent) owns the neighbouring property on which the trees have grown. The Applicants and Mrs Jennings have discussed the trees, sometimes through Mrs Jennings' son, Mark Jennings. Mrs Jennings was only willing to prune the trees, so they were unable to find an outcome that would satisfy both sides. 3. In September 2021, Mark Jennings applied to Canterbury Bankstown City Council (Council) for consent to prune one tree and remove the other. In October 2021 the Jennings received a permit from Council that, somewhat unusually, refused consent to prune the first tree but granted consent to remove both trees. 4. The hearing took place onsite this afternoon. The Applicants provided no arboricultural evidence. The Respondent, represented by her solicitor Mr Mitchell, provided a report in letter format from Joshua Baber, an AQF level 5 arborist, dated 16 April 2022. Having made observations of both trees during the onsite hearing, I also rely on my own arboricultural expertise.