Burbridge v Gounakis [2019] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Burbridge v Gounakis [2019] NSWLEC 1202 Hearing dates: 2 May 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application for compensation is refused. (2) The application for tree removal is granted. (3) Within 60 days of the date of these orders, the respondents are to engage and pay for a suitably qualified and experienced arborist (minimum AQF level 3) with all appropriate insurances to remove the tree to no more than 50 cm above ground level. (4) The works ordered above must be carried out in accordance with the 2016 Safe Work Australia Guide to managing risks of tree trimming and removal work. (5) The respondents are to give the applicant two days' notice of the works. (6) The applicant is to allow all access required to complete the works ordered above during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – falling limbs – risk of damage and injury – change in circumstance since previous decision – root damage – respondents not aware of damage prior to application – orders for tree removal – no orders for compensation Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Hinde v Anderson and anor [2009] NSWLEC 1148 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia: Guide to managing risks of tree trimming and removal work Category: Principal judgment Parties: Cecily Burbridge (Applicant) Dimitri Gounakis (First Respondent) Kathy Gounakis (Second Respondent) Representation: D Burbridge, agent (Applicant) D Gounakis and K Gounakis, litigants in person (Respondents) File Number(s): 2019/33153 Publication restriction: No