Economos v Warden

[2025] NSWLEC 1108

Land and Environment Court

New South Wales

Medium Neutral Citation:

Economos v Warden [2025] NSWLEC 1108

Hearing dates:

24 January 2025

Date of orders:

26 February 2025

Decision date:

26 February 2025

Jurisdiction:

Class 2

Before:

Nichols AC

Decision:

The orders of the Court are:

(1)   The application is upheld in part.

(2)   Within 3 months of the date of this judgment, the applicant is to engage and pay for an AQF level 3 arborist to prune trees numbered 1, 2 and 3 to a height of 2.5 metres above the top of the existing Colorbond fence (to the previous pruning stubs). Any pruning is to be in accordance with the relevant provisions of AS4373-2007 Pruning of Amenity Trees.

(3)   The work in (2) is to be carried out in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry.

(4)   Commencing 36 months after the first pruning, the work in (2) is to be undertaken every 36 months for the life of the trees.

(5)   The respondent shall provide reasonable access to the property for a contractor to undertake pruning works set out in (2).

(6)   The application to remove the trees is dismissed.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – views and privacy

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006, s 12, Pt 2A ss 14A, 14B, 14E, 14F

Cases Cited:

Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122

Tenacity Consulting Pty Ltd v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140

Texts Cited:

Standards Australia, AS4373-2007: Pruning of Amenity Trees, 2007

WorkCover NSW, Code of Practice: Amenity Tree Industry, 1998

Category:

Principal judgment

Parties:

Peter Economos (Applicant)
John Warden (First Respondent)
Angie Warden (Second Respondent)

Representation:

Peter Economos (Self-represented)
John Warden (Self-represented)

File Number(s):

2024/367628

Publication restriction:

Nil

JUDGMENT

1. COMMISSIONER: Mr Economos submitted an application, pursuant to s 14 B of Part 2A of the Trees (Disputes between Neighbours) Act 2006 (the Act).

2. Mr Economos has occupied the property since approximately 2014. The property contains a rear elevated deck with views generally to the north across Lake Illawarra. Views are also present from the elevated deck to the west and east, across the lake and district across side boundaries.

3. The respondent, Mr Warden owns the property to the north of the applicant at 101 Landy Drive, Mount Warrigal. Along the rear boundary of the respondent's property there are three trees planted more than 20 years ago. These trees provide privacy to the respondent's property from the elevated deck of the applicant's dwelling. Photographs taken submitted by the applicant, display views of the lake to the north, east, and north-east. Mr Warden contends maintaining the trees is necessary for the maintenance of privacy.

4. The applicant contends that the trees growing on the respondent's property block the views and will soon further block the views to a severe degree if not maintained adequately. The height of the trees has previously been maintained by pruning at approximately 6 metres above…