McNally v Serbos [2019] NSWLEC 1354

Land and Environment Court New South Wales

Medium Neutral Citation: McNally v Serbos [2019] NSWLEC 1354 Hearing dates: 25 July 2019 Date of orders: 25 July 2019 Decision date: 25 July 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Part 2 application is refused. (2) The Part 2A application is granted. (3) During August 2019, and then annually during April from 2020 onwards, the respondents are to prune, or have a suitably experienced contractor prune, all Photinia trees in the hedge along their southern boundary to a height no greater than 4.5 metres, measured from the base of each tree. (4) Prior to each occasion of the works ordered above, the respondents are to give the applicant seven days' notice of the works. (5) On each occasion of the works ordered above, the applicant is to allow any access required for the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – damage and injury – obstruction of sunlight and views – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Freeman v Dillon [2012] NSWLEC 1057 Category: Principal judgment Parties: Michael McNally (Applicant) Nick Serbos (First Respondent) Saffron Clare Serbos (nee Armitage) (Second Respondent) Representation: M McNally, litigant in person (Applicant) N & S Serbos, litigants in person (Respondents) File Number(s): 2019/104723 Publication restriction: No