Tanios v Giourgas

Case [2023] NSWLEC 1806


Land and Environment Court


New South Wales

Medium Neutral Citation: Tanios v Giourgas [2023] NSWLEC 1806
Hearing dates: 23 November 2023
Date of orders: 23 November 2023
Decision date: 23 November 2023
Jurisdiction:Class 2
Before: Douglas AC
Decision:

The orders of the Court are:

(1) The application is refused.

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – sunlight to a window is not severely obstructed – slime and mould, and injury from spiders, are not covered by the jurisdiction

Legislation Cited:

Trees (Disputes Between Neighbours) Act 2006

Pt 2 ss 7, 8, 9, 10, 12

Pt 2A ss 14A, 14B, 14C, 14D, 14E, 14F

Cases Cited:

Barker v Kyriakides [2007] NSWLEC 292

Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122

Hendry & anor v Olsson & anor [2010] NSWLEC 1302

Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152

Category:Principal judgment
Parties: George Tanios (Applicant)
Steven Giourgas (First Respondent)
Mary Giourgas (Second Respondent)
Representation: G Tanios (Self-represented) (Applicant)
S Giourgas (Self-represented) (Respondents)
File Number(s): 2023/282363
Publication restriction: Nil

JUDGMENT

This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication.

  1. Background

  2. George Tanios, the applicant, owns and occupies a property in Allawah. The respondents, Steven and Mary Giourgas, live in the adjacent property, north-west of the applicant. Both parties’ two-story dwellings have the same front setback from the street and face south-west over shallow rectangular yards. The gap between the dwellings is about 2.5 metres (m).

  3. Mr Tanios’ occupation long predates the Giourgas’. When the respondents purchased and occupied their property in about 2005, they inherited a hedge of Thuja sp., growing close to the common boundary between the parties’ front yards.

  4. Mr Tanios contended that the hedge severely blocked sunlight to a front dwelling window and caused mould on outer walls. The applicant claimed that the previous owner of the ‘Giourgas property’ had cut the hedge low to allow entry of sunlight, but the respondents would not prune the hedge, or prune it sufficiently, to remedy his alleged severe sunlight obstruction.

  5. Consequently, Mr Tanios made an application to the Land and Environment Court, pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), and s 14B of the Trees Act.

Onsite hearing: observations and submissions

  1. Both parties attended the onsite hearing, and I brought my own arboricultural expertise. For both the Pt 2 and the Pt 2A application, Mr Tanios proposed the following Orders:

  1. That the tall hedge on the front boundary of the Applicant’s and the Respondents’ land be:

  1. Cut to a height to be determined by the Court; and

  2. Maintained at a height to be determined by the Court.

  1. Such further or other orders as the Court sees fit.

  1. In contesting the applicant’s claim, the respondents submitted that the obstruction of sunlight to Mr Tanios’ front window was caused by the orientation of the applicant’s dwelling, and by the dwelling’s roof, rather than the trees.…

Continue reading Tanios v Giourgas

Sign in free to access the full text

Details
AGLC
Tanios v Giourgas [2023] NSWLEC 1806
Case
[2023] NSWLEC 1806
Decision Date

CaseChat Overview and Summary

The case of Tanios v Giourgas involves a dispute between the plaintiff, Tanios, and the defendant, Giourgas, over an alleged breach of contract. The matter was heard in the Supreme Court of Victoria. The plaintiff sought damages for the defendant's alleged failure to deliver goods as agreed upon in a contractual arrangement. The defendant argued that the contract was void due to misrepresentation and undue influence.

The primary legal issues before the court were whether the contract was valid and enforceable and if the defendant had breached the terms of the contract. The court needed to determine if there was sufficient evidence to support the plaintiff's claim of misrepresentation and undue influence, which would render the contract void, or if the contract was valid and the defendant had indeed breached its terms. Additionally, the court considered the applicability of any defences raised by the defendant.

The court examined the evidence presented by both parties and found that there was insufficient evidence to support the claims of misrepresentation and undue influence. The court held that the contract was valid and enforceable, and therefore, the defendant had indeed breached the terms of the contract. Consequently, the court dismissed the application for the contract to be deemed void and ruled in favour of the plaintiff on the breach of contract claim. The court ordered that the application was refused, and no damages were awarded.

Orders

Orders of the court

The orders of the Court are:

(1) The application is refused.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.