Martignoni v Ireland [2024] NSWLEC 1762

Land and Environment Court New South Wales

Medium Neutral Citation: Martignoni v Ireland [2024] NSWLEC 1762 Hearing dates: 7 August 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The application is granted, in part. (2) In March 2025 and during March of each subsequent year, the respondent, at his expense, shall have the Weaver's bamboo pruned to a maximum height of 3.5 m above ground level by a contractor with appropriate insurance. (3) The applicant shall grant access to the respondent's insured contractors to complete works or tidy the site, upon 72 hours' notice by email. (4) The works shall be undertaken in accordance with Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (5) All works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –high hedges – bamboo – alleged severe obstruction of sunlight – leaves falling onto roofs and into gutters – apprehension of damage and injury Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14C, 14D, 14E, 14F, Pts 2, 2A Trees (Disputes Between Neighbours) Regulation 2019, s 4 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Steber v Job [2019] NSWLEC 1308 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Byron Development Control Plan 2014 Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Catherine Nij Martignoni (Applicant) Benjamin Murray Ireland (Respondent) Representation: M Martignoni (Agent) (Applicant) B Ireland (Self-represented) (Respondent) File Number(s): 2024/182114 Publication restriction: Nil