Myjavec v Weatherall [2018] NSWLEC 1457

Land and Environment Court New South Wales

Medium Neutral Citation: Myjavec v Weatherall [2018] NSWLEC 1457 Hearing dates: 22 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 28 days of the date of these orders, the respondent is to prune the bamboo to a height of no more than 2.5 metres above ground level, measured from the ground around the base of the bamboo clump, and remove any parts of the bamboo that overhang the applicants' property. (2) The respondent is to give the applicants at least two days' notice of the works in order (1). (3) The applicants are to allow any access required for the works in (1) during reasonable hours of the day. (4) Beginning September 2019, and then annually during September, the respondent is to prune the bamboo to a height of no more than 2.5 metres above ground level, measured from the ground around the base of the bamboo clump, and remove any parts of the bamboo that overhang the applicants' property. (5) Each year the respondent is to give the applicants at least two days' notice of the works in (4). (6) Each year the applicants are to allow any access required for the works in (4) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – bamboo – screening – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Paul Myjavec (First Applicant) Kathleen Patricia Myjavec (Second Applicant) Anne Maree Weatherall (Respondent) Representation: P and K P Myjavec, litigants in person (Applicants) A M Weatherall, litigant in person (Respondent) File Number(s): 2018/145529 Publication restriction: No