Ermis v Boutros [2024] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Ermis v Boutros [2024] NSWLEC 1521 Hearing dates: 21 and 28 May 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Part 2A application is refused. (2) The Part 2 application is granted to the extent of the following orders. (3) Within 60 days of the date of these orders, the respondents are to carry out the following works: (a) Prune trees T5–T13 to remove all branches that are in contact with the fence on the common boundary; (b) Create at least 50 mm clearance between all parts of T4 and the fence on the common boundary by removing the lower sections of relevant fence palings. (4) All tree pruning works are to be carried out by a suitably insured and qualified arborist (minimum AQF level 3 in arboriculture), must comply with Australian Standard AS 4373-2007 Pruning of amenity trees, and must be in accordance with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work (2016). (5) The respondents are to give the applicants at least 2 days' notice of the works in (3). (6) The applicants are to allow all access necessary for completion of the works in (3) during reasonable hours of the day. (7) The exhibits are returned, other than exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – whether the trees have caused or are likely to cause damage – pruning ordered – Pt 2A application – neighbouring cypress hedge – obstruction of sunlight and views – whether the obstruction is severe – Pt 2A application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10, 12, Pt 2A, ss 14A, 14B, 14E Cases Cited: 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: Memduh Volkan Ermis (First Applicant) Ayzin Ermis (Second Applicant) Simon Boutros (First Respondent) Cecilia Boutros (Second Respondent) Representation: Counsel: M Ermis (Self-represented) (First Applicant) A Ermis (Self-represented) (Second Applicant) S Boutros (Self-represented) (First Respondent) C Boutros (Self-represented) (Second Respondent) File Number(s): 2024/106303 Publication restriction: No