Powell v Kalantzis [2019] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Powell v Kalantzis [2019] NSWLEC 1256 Hearing dates: 18 April 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application is granted. (2) Prune section two of the bamboo hedge growing inside the respondent's northern boundary to a height level with a point 300 mm above the applicants' veranda balustrade. This hedge height is to be uniform from the eastern property boundary to a south-facing line perpendicular with the metal veranda post, second from the eastern end. The initial pruning is to occur within 30 days of these orders, and that height is to be maintained by pruning twice each year, once in mid-spring, and once in mid-autumn. This is to include pruning of bamboo protruding over the boundary into the applicants' land. (3) Prune section one of the bamboo hedge growing inside the respondent's northern boundary to a height level with a point 700 mm above the applicants' veranda balustrade. This hedge height is to be uniform from to the line perpendicular with the metal veranda post, second from the eastern end down to where it finishes at the western end. The initial pruning is to occur within 30 days of these orders, and that height is to be maintained by pruning twice each year, once in mid-spring, and once in mid-autumn. This is to include pruning of bamboo protruding over the boundary into the applicants' land. (4) Any corms growing into the applicants' property in the interim between this bi-annual maintenance can be removed by the applicants, provided that the pruning location is within their property. All pruning works shall comply with the Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016. (5) The applicants and respondent are to provide all reasonable access to one another's property for the purpose of complying with these orders on 3 days written notice. (6) The respondent is to pay the cost of these works. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – views and privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes between Neighbours) Regulation 2007 Uniform Civil Procedures Rules 2005 Cases Cited: Bailey v Gould [2011] NSWLEC 1062 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Tenacity Consulting Pty Ltd v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Ward v Glasson [2012] NSWLEC 1350 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Expert Witness Code of Conduct, (Uniform Civil Procedures Rules 2005) Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Gregory David Powell (First Applicant) Hilary Anne Powell (Second Applicant) Margo Kalantzis (Respondent) Representation: G & H Powell, litigants in person (Applicants) C Kalantzis, agent (Respondent) File Number(s): 2018/389087 Publication restriction: No