Zada v Tang [2023] NSWLEC 1100

Land and Environment Court New South Wales

Medium Neutral Citation: Zada v Tang [2023] NSWLEC 1100 Hearing dates: 07 December 2022 Date of orders: 08 March 2023 Decision date: 08 March 2023 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 adjacent to the common boundary, to a height no higher than 4.2 metres above ground level, measured from adjacent to the bamboo. (2) During April of 2024 and during April of each subsequent year, the respondents, at their expense, shall prune the bamboo hedge adjacent to the common boundary, to a height no higher than 4.2 metres above ground level, measured from adjacent to the bamboo. (3) All pruning shall be completed in accordance with the Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) 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 contracted horticulturists or arborists who hold all appropriate insurance, upon receipt of at least 48 hours' notice by email, of the date and approximate start time of the works (5) The tree removal works shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): high hedges – severe obstruction of sunlight to a window – balancing views and privacy – no genuine damage as a result of hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Pt 2 s 7, 8, 10, 12, Pt 2A s14A, 14B, 14C, 14D, 14D, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2014 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 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: Parramatta Development Control Plan 2011 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: George Zada (Applicant) Jianzhong Tang (First Respondent) Shuhong Cheng (Second Respondent) Representation: G Zada, (Self-represented) (Applicant) J Tang (Self-represented) (First Respondent) S Cheng (Self-represented) (Second Respondent) File Number(s): 2022/257643 Publication restriction: No