Pearce v Karpathakis [2024] NSWLEC 1665

Land and Environment Court New South Wales

Medium Neutral Citation: Pearce v Karpathakis [2024] NSWLEC 1665 Hearing dates: 15 October 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) The respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, to remove the tree to near ground level within 60 days of the date of these orders. These works are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (3) The respondents are to give the applicant one week's notice of the works in Order (2). (4) The applicant is to allow all access necessary for the works during reasonable hours of the day. (5) Within 90 days of the date of these orders the respondents are to plant on their property a tree that will reach at least 8 metres in height. (6) Within 90 days of the date of these orders the respondents are to engage a fencing contractor to repair or replace the Colourbond fence on the common boundary shared with the applicant so that the fence is upright, straight and sturdy, and is a sufficient dividing fence consistent with similar fencing on the respondents' property. (7) The exhibits are returned, other than Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –whether neighbouring tree has caused damage – compensation – who should pay for tree works – orders for tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Texts Cited: Safe Work Australia, Guide to managing risks of tree trimming and removal work (2016) Category: Principal judgment Parties: Dean Pearce (Applicant) George Karpathakis (First Respondent) Gail Karpathakis (Second Respondent) Representation: D Pearce (Self-represented) (Applicant) M Karpathakis and A Goult (Agents) (Respondents) File Number(s): 2024/236646 Publication restriction: Nil