Ivkovic v Pelosi [2013] NSWLEC 1026

Land and Environment Court New South Wales

Medium Neutral Citation: Ivkovic v Pelosi [2013] NSWLEC 1026 Hearing dates: 13 February 2013 Decision date: 13 February 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld in part. (2) Within 30 days of the date of these orders the respondents are to engage a suitably qualified arborist or horticulturist, with appropriate insurance, to prune trees T7 to T17 to a height no greater than 2.5 metres above soil level at the base of each tree. (3) The respondents are to give the applicants two days' notice of the works in (2). (4) The applicants are to allow all access necessary for the works in (2) during reasonable hours of the day. They may supervise the works if they wish. (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 trees T7 to T17 to a height no greater than 2.5 metres above soil level at the base of each tree. (6)Each year the respondents are to give the applicants two days' notice of the works in (5). (7)Each year the applicants are to allow all access necessary for the works in (5) during reasonable hours of the day. They may supervise the works if they wish. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; pruning ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Category: Principal judgment Parties: Julia Ivkovic (First applicant) Kelvin McEwan (Second applicant)