Sayigh v Rallis [2024] NSWLEC 1666

Land and Environment Court New South Wales

Medium Neutral Citation: Sayigh v Rallis [2024] NSWLEC 1666 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 shall remove the tree the subject of these proceedings within 28 days of the making of these orders in accordance with the tree removal permit number TA2024/0293 from Georges River Council dated 25 July 2024. (3) The tree removal works in Order (2) are to be done by a suitably qualified and experienced arborist (minimum AQF level 3), with all appropriate insurances, and are to be done in accordance with the Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (4) The respondents are to give the applicant one week's notice of the works in Order (2) if the date currently agreed for the works changes. (5) The applicant is to allow reasonable access for the works during reasonable hours of the day. (6) The respondents shall pay the applicant an amount of $850.00 on account of the damage caused by the tree within 7 days of the date of these orders. (7) Within 90 days of the date of these orders the respondents are to plant on their property two canopy trees. (8) Liberty to relist should the weather prevent the respondents completing works in the timeframes above. (9) The exhibits are returned, other than Exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring tree has caused damage – consent orders – compensation – tree removal Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 9, 10, 12 Cases Cited: Breen v Caronna [2008] NSWLEC 293 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: Elias Sayigh (Applicant) Christina Rallis (First Respondent) Sam Ross Perre (Second Respondent) Representation: E Sayigh (Self-represented) (Applicant) M Abrahamian (Solicitor) (Respondents)