Palmer v Elias [2022] NSWLEC 1671

Land and Environment Court New South Wales

Medium Neutral Citation: Palmer v Elias [2022] NSWLEC 1671 Hearing dates: 15 September 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) Within 45 days of the date of these orders, the respondents, at their expense, shall prune the bamboo hedge growing adjacent to the common boundary, to a height no higher than a point 500mm above the upper surface of the applicant's concrete balcony floor. (2) During the last 14 days of March 2023 and during the last 14 days of September 2023, and during the same period of March and September of each subsequent year, the respondents, at their expense, shall prune the bamboo hedge growing adjacent to the common boundary, to a height no higher than a point 500mm above the upper surface of the applicant's concrete balcony floor. (3) The pruning works shall be completed by an AQF level 3 qualified arborist or horticulturist who holds all appropriate insurances. (4) All pruning shall be completed in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) Should access to the applicant's property be required to undertake the pruning works, the applicant shall grant such access to the respondents or to the respondents' contractors, who satisfy the requirements of order (3), upon receipt of at least 48 hours written notice of the date and approximate start time of the works. (6) The tree removal works shall be undertaken during reasonable daytime working hours. (7) The applicant may prune bamboo culms (stems) that protrude into her property to approximately the height specified in orders (1) and (2). Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): high hedges – balancing views and privacy - damage to gutter in near future Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2 ss 7, 8, 10, 12, Pt 2A ss, 14A, 14B, 14C, 14D, 14D, 14,E Trees (Disputes Between Neighbours) Regulation 2007 Cases Cited: Granger v Owners Corporation SP 18494 [2012] NSWLEC 1285 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Reed & anor v Mason & anor [2013] NSWLEC 1159 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 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: Tracey-Ann Palmer (Applicant) Eric Elias (First Respondent) Celia Elias (Second Respondent) Representation: T Palmer, (Self-represented) (Applicant) E Elias (Self-represented) (First Respondent) C Elias (Self-represented) (Second Respondent) File Number(s): 2022/204955 Publication restriction: No