Gillis v Seferian [2011] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Gillis v Seferian [2011] NSWLEC 1199 Hearing dates: 15 July 2011 Decision date: 15 July 2011 Jurisdiction: Class 2 Before: Morris C and Galwey AC Decision: (1)The respondent is to engage and pay for a suitably qualified and experienced horticulturist or arborist to prune the Cypress trees to a height of no more than 3.3 metres above the top of the southern (lower) section of the rear boundary wall, measured from the top of the wall adjacent to the third tree from the south. (2)Thereafter, at the cost of the respondent, the trees are to be maintained at a height no greater than 3.7 metres above the top of the southern (lower) section of the rear boundary wall, measured from the top of the wall adjacent to the third tree from the south. (3)The initial pruning is to be carried out within 30 days of the date of these orders. Catchwords: TREES [NEIGHBOURS]; hedge; severe obstruction of a view; consent orders; pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Category: Principal judgment Parties: R Gillis (Applicant)

G and T Seferian (Respondents) Representation: R Gillis (Applicant in person)

G Seferian (Respondent in person) File Number(s): 20218 of 2011

Judgment 1This is an application pursuant to Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owner of a property in Seaforth against the owners of trees growing on an adjoining property. 2The applicant is seeking the pruning of nine trees to reduce their height and thus restore the view she says she has lost. She also seeks orders for the trees to be maintained at that height into the future.