Stivic v Perantuono [2019] NSWLEC 1423

Land and Environment Court New South Wales

Medium Neutral Citation: Stivic v Perantuono [2019] NSWLEC 1423 Hearing dates: 26 July 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Twice yearly during the months of September and March, beginning September 2019, the respondents are to prune, or engage a suitably experienced contractor to prune, all bamboo plants in the hedge along their eastern boundary so that no part of any bamboo plant is more than 3.5 metres above ground level measured from the base of each plant. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – bamboo – obstruction of view – privacy – whether the view obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Category: Principal judgment Parties: Vesna Stivic (Applicant) Raimondo Perantuono (First Respondent) Kaliopi Perantuono (Second Respondent) Representation: Solicitors: V Stivic, litigant in person (Applicant) J Ede, Wilshire Webb Staunton Beattie (Respondents) File Number(s): 2019/70116 Publication restriction: No

Judgment

Background 1. For some time, Vesna Stivic ('the applicant') has made attempts to get her Kyle Bay neighbours, Raimondo and Kaliopi Perantuono ('the respondents'), to prune their bamboo hedge. She asked them to maintain the bamboo at a height of 2.5 metres; they offered to maintain it at 4.5 metres, but have not carried out the pruning. 2. Ms Stivic applied to the Court pursuant to s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for her neighbours to prune and maintain the bamboo at a height of 1.5 metres. 3. Ms Stivic represented herself at the onsite hearing held on 26 July. Mr Ede, solicitor, represented the Perantuonos, who relied on a report of Gerard Turisi, planner. Mr Turisi gave oral evidence at the hearing. 4. At the onsite hearing Ms Stivic clarified that she would be satisfied if the bamboo is maintained at a height of 3.5 metres. With Mr Turisi's evidence, the respondents said the bamboo should not be below the eave height of another neighbouring dwelling, from which they want to prevent overlooking. Mr Turisi suggested that is equivalent to a height of 5.2 metres.