Brannigan v Coban [2013] NSWLEC 1025

Land and Environment Court New South Wales

Medium Neutral Citation: Brannigan v Coban [2013] NSWLEC 1025 Hearing dates: 14 February 2013 Decision date: 14 February 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld in part. (2) Within 60 days of the date of these orders the respondents are to engage a suitably qualified arborist or horticulturist, with appropriate insurance, to prune the hedge comprising nine Leighton Green Cypress trees to a height no greater than 5.5 metres above ground level at the base of each tree. (3) The respondents are to give the applicant two days' notice of the works in (2). (4) The applicant is to allow all access necessary for the works in (2) during reasonable hours of the day. (5) Each year, within 30 days of the anniversary of the date of these orders, the respondents are to engage a suitably qualified arborist or horticulturist, with appropriate insurance, to prune the hedge comprising nine Leighton Green Cypress trees to a height no greater than 5.5 metres above ground level at the base of each tree. (6) Each year the respondents are to give the applicant two days' notice of the works in (5). (7) Each year the applicant is to allow all access necessary for the works in (5) during reasonable hours of the day. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Robert Brannigan (Applicant)

Salih Coban (First respondent) Zalihe Coban (Second respondent) Representation: APPLICANT Robert Brannigan (Litigant in person)