Alameddine v Jones [2013] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Alameddine v Jones [2013] NSWLEC 1021 Hearing dates: 17 January 2013 Decision date: 06 February 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld in part. (2) During June every year, beginning 2013, the respondents are to prune, or engage a suitable gardener or arborist to prune, the 21 Lilly Pilly trees forming a hedge along their boundary as follows: · Reduce the height of trees along the upper section of fence to a height no greater than 0.7 metres above the top of the aluminium screen. · Reduce the height of trees along the lower section of fence to a height no greater than 1.0 metre above the top of the aluminium screen. · Reduce the height of trees between the two sections described above so that their tops form a straight line between the tops of those two sections. (3) The applicant is to allow access to his property for the works in (2) to be carried out during normal working hours on reasonable notice (two working days). Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Category: Principal judgment Parties: Mr Obeid Alameddine (Applicant)

Mr Peter Jones (First respondent) Ms Yuki Jones (Second respondent) Representation: Mr David Morgan Jones (Solicitor for the applicant)

Mr James Antonenas (Solicitor for the respondents) File Number(s): 21011 of 2012