Tanios v Giourgas [2022] NSWLEC 1178

Tanios v Giourgas [2022] NSWLEC 1178

The Court found that the bamboo is likely, during strong winds, to strike the applicant's dwelling and cause minor damage, and that it severely obstructs sunlight to his living room window. Pruning the bamboo to a height of 3 metres every 6 months would mitigate these issues without unduly affecting the respondents' privacy or amenity.

Parties
Applicant: George Tanios; First Respondent: Steven Giourgas; Second Respondent: Mary Giourgas
Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Trees (disputes Between Neighbours) Act 2006 Class 2 Application / Final Judgment
Outcome
Application granted
Legal Topics
Tree Disputes Between Neighbours, Pruning Orders, Obstruction of Sunlight, Risk of Damage to Property
Property Law Environmental Law Tree Disputes Between Neighbours Pruning Orders Obstruction of Sunlight Risk of Damage to Property

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Parties

George Tanios

Applicant

Steven Giourgas

First Respondent

Mary Giourgas

Second Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act 2006 Class 2 Application / Final Judgment

Legal Issues

  1. 1 Whether the bamboo on the respondents' property is likely to cause damage to the applicant's dwelling
  2. 2 Whether the bamboo severely obstructs the applicant's access to sunlight
  3. 3 Whether an order should be made for pruning the bamboo under Pt 2 and Pt 2A of the Trees (Disputes Between Neighbours) Act 2006

Ratio Decidendi

The Court found that the bamboo is likely, during strong winds, to strike the applicant's dwelling and cause minor damage, and that it severely obstructs sunlight to his living room window. Pruning the bamboo to a height of 3 metres every 6 months would mitigate these issues without unduly affecting the respondents' privacy or amenity.

Court Disposition

Application granted

Orders

  • During April and October of each year, beginning April 2022, the respondents are to prune, or engage and pay for a suitably experienced contractor to prune, the bamboo so that no part of the bamboo is more than 3 metres above ground level measured from the ground where the bamboo is planted.