Greenaway v Garcia [2022] NSWLEC 1474

Land and Environment Court New South Wales

Medium Neutral Citation: Greenaway v Garcia [2022] NSWLEC 1474 Hearing dates: 31 May 2022 Date of orders: 9 September 2022 Decision date: 09 September 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) Within 45 days of the date of these orders, the respondents, at their expense, shall remove the Jacaranda tree to near ground level, poison stump, and remove refuse. (2) Within 45 days of the date of these orders, the respondents, at their expense, shall prune the height of the hedge comprising two Lilly Pilly trees and one Black Bean tree which are growing loosely parallel to the common boundary, to a height level with a point four (4) metres higher than the base of the northern end of the common boundary fence. (3) The respondents, at their expense, shall maintain this hedge, so that at no time in the future, after completion of the pruning in Order 2, does the height of the hedge exceed a height level with a point 4.5 metres higher than the base of the northern end of the common boundary fence. (4) The pruning works shall be completed by AQF level 3 arborists, with all appropriate insurances, and in accordance with the Australian pruning standard (AS4373:2007 Pruning of amenity trees). (5) The tree works shall be completed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (6) Should access be required into the applicant's property to undertake these works or to remove refuse, the applicant shall provide such access to the respondents, or arborists they employ to complete the work, who hold all appropriate insurances, upon receipt of at least 48 hours written notice from the respondents. (7) The works are to be completed during reasonable working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is the obstruction of views severe – balance between views and privacy – pruning and removal ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2, ss 7, 8, 9, 10, 12, Pt 2A ss 14A, 14B, 14E, 14F Cases Cited: Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Stevens v Russell [2016] NSWLEC 1233 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Yang v Scerri [2007] NSWLEC 592 Texts Cited: AS4373:2007 - Pruning of amenity trees Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: John Greenaway (Applicant) Ivan Garcia (First Respondent) Dian Garcia (Second Respondent) Representation: J Greenaway (Self-represented) (Applicant) D Garcia (Self-represented) (Both Respondents) File Number(s): 2022/74311 Publication restriction: No