Economos v Warden [2025] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Economos v Warden [2025] NSWLEC 1108 Hearing dates: 24 January 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Class 2 Before: Nichols AC Decision: The orders of the Court are: (1) The application is upheld in part. (2) Within 3 months of the date of this judgment, the applicant is to engage and pay for an AQF level 3 arborist to prune trees numbered 1, 2 and 3 to a height of 2.5 metres above the top of the existing Colorbond fence (to the previous pruning stubs). Any pruning is to be in accordance with the relevant provisions of AS4373-2007 Pruning of Amenity Trees. (3) The work in (2) is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry. (4) Commencing 36 months after the first pruning, the work in (2) is to be undertaken every 36 months for the life of the trees. (5) The respondent shall provide reasonable access to the property for a contractor to undertake pruning works set out in (2). (6) The application to remove the trees is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – views and privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, s 12, Pt 2A ss 14A, 14B, 14E, 14F Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tenacity Consulting Pty Ltd v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Standards Australia, AS4373-2007: Pruning of Amenity Trees, 2007 WorkCover NSW, Code of Practice: Amenity Tree Industry, 1998 Category: Principal judgment Parties: Peter Economos (Applicant) John Warden (First Respondent) Angie Warden (Second Respondent) Representation: Peter Economos (Self-represented) John Warden (Self-represented) File Number(s): 2024/367628 Publication restriction: Nil