Gulli v George [2023] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Gulli v George [2023] NSWLEC 1328 Hearing dates: 20 March 2023 Date of orders: 27 June 2023 Decision date: 27 June 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) Within 40 days of the date of these orders, the respondents, at their expense, shall have contractors prune the Viburnum trees growing adjacent to the common boundary and south of the Avocado tree's trunk (Hedge 1) to a height no higher than 4.3 metres above natural ground level, and prune the Viburnum trees growing adjacent to the common boundary and north of the Avocado tree's trunk (Hedge 2) to a height no higher than 3.3 metres above natural ground level, and prune all foliage of both Hedge 1 and Hedge 2 that is encroaching beyond the common boundary into the applicant's property, back to the common boundary line, and remove all resultant debris from the applicant's property. (2) The contractors who complete the works specified in order (1) shall be arborists, horticulturists, or landscape gardeners, with Australian Qualification Framework (AQF) level 3 qualifications, who hold all appropriate insurances. (3) During April 2024, and during November 2024, and during April and November of each subsequent year, the respondents, at their expense, shall have contractors who satisfy the requirements of order (2), undertake works as specified in order (1). (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 and debris removal, the applicant shall grant such access to the respondents' contractors who satisfy the requirements of order (2), upon receipt of at least 48 hours' emailed notice of the date and approximate start time of the works. (6) The tree pruning works shall be undertaken during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – one tree not part of hedge – severe obstruction of sunlight to one window – pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10, Pt 2A ss 14A, 14B, 14C, 14D, 14E, 14F Uniform Civil Procedure Rules 2005, Sch 7 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry v Olsson [2010] NSWLEC 1302 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Steber v Job [2019] NSWLEC 1308 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), Attorney General, November 2009 Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Marie Gulli (Applicant) Kimble George (First Respondent) Patricia George (Second Respondent) Representation: M Gulli (Self-represented) (Applicant) P George (Self-represented) (Respondents) File Number(s): 2023/7556 Publication restriction: Nil