Lakiss v Piangas [2020] NSWLEC 1405

Lakiss v Piangas [2020] NSWLEC 1405

All trees in the row are likely to cause further damage to the applicant's driveway and property in the near future, justifying their removal. The cost of replacing the driveway is not proportionate to the damage and respondents are not ordered to pay for repairs.

Parties
Applicant: Peter Lakiss; First Respondent: George Piangas; Second Respondent: Angelo Piangas; Third Respondent: Konnie Piangas
Jurisdiction
Australia
Judgment Date
01 September 2020
Procedural Posture
Trees (disputes Between Neighbours) Act Proceedings / Final Judgment
Outcome
Orders made for removal of all cypress trees adjacent to western boundary; respondents to give notice and bear removal costs; no order for respondents to pay for repairs.
Legal Topics
Tree Removal, Neighbour Disputes, Damage to Property, Repair Liability
Environmental Law Property Law Tree Removal Neighbour Disputes Damage to Property Repair Liability

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Parties

Peter Lakiss

Applicant

George Piangas

First Respondent

Angelo Piangas

Second Respondent

Konnie Piangas

Third Respondent

Procedural Posture

Trees (disputes Between Neighbours) Act Proceedings / Final Judgment

Legal Issues

  1. 1 Whether cypress trees on respondents' property caused damage to applicant's driveway and fence
  2. 2 Whether the trees should be ordered removed
  3. 3 Whether the respondents should pay for repairs to the applicant's property

Ratio Decidendi

All trees in the row are likely to cause further damage to the applicant's driveway and property in the near future, justifying their removal. The cost of replacing the driveway is not proportionate to the damage and respondents are not ordered to pay for repairs.

Court Disposition

Orders made for removal of all cypress trees adjacent to western boundary; respondents to give notice and bear removal costs; no order for respondents to pay for repairs.

Orders

  • Within 30 days, respondents to engage and pay for a qualified arborist to remove all cypress trees in the row adjacent to their western boundary to ground level, per Safe Work Australia Guide.
  • Respondents to give applicant at least two days' notice of the works.