Fardouly v Zeritis Issa v Zeritis [2012] NSWLEC 1355

Land and Environment Court New South Wales

Medium Neutral Citation: Fardouly v Zeritis Issa v Zeritis [2012] NSWLEC 1355 Hearing dates: 29 November 2012 Decision date: 21 December 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) Within 30 days of the date of these orders the respondent, Mr Zeritis, is to obtain three quotes from suitably qualified arborists (minimum AQF level 3) with all necessary insurance for the removal of the 15 Bhutan Cypress trees. The quotes are to be for the removal of the 15 trees to one metre above ground level. If Mr Zeritis wishes to remove the stumps of the trees below this height that is to be quoted separately and is to be entirely at his expense. (3) Within 35 days of the date of these orders Mr Zeritis is to agree with the Issas on the quote to be selected. (4) Mr Zeritis is to engage and pay for the arborist selected in (3) to carry out the removal of the 15 trees to one metre above ground level within 60 days of the date of these orders. (5) On reasonable notice (at least two working days) Mr Fardouly and the Issas are to provide all access required by the contractor for the works to be completed during reasonable hours of the day. (6) Within 14 days of receipt of a copy of the paid invoice for the works in the approved quote, the Issas are to pay to Mr Zeritis 25% of the quoted amount. (7) If the Issas do not receive a copy of the paid invoice within 90 days of the date of these orders, (6) lapses. (8) If trees are again planted along the western boundary of the respondent's property, they are to be maintained at a height not exceeding 3.5 metres. (9) The exhibits are retained. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; severe obstruction; removal ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Category: Principal judgment Parties: 20937 OF 2012 Mr Michael Fardouly (Applicant) Mr Con Zeritis (Respondent)