Sendro v Goodings [2020] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Sendro v Goodings [2020] NSWLEC 1370 Hearing dates: 06 August 2020 Date of orders: 06 August 2020 Decision date: 06 August 2020 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders that: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – trees do not constitute a hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Awad v Hardie (No.3) [2012] NSWLEC 1067 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Hinde v Anderson [2009] NSWLEC 1148 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 McCallum v Riordan [2011] NSWLEC 1009 Sendro v Goodings [2018] NSWLEC 1454 Texts Cited: Land and Environment Court of New South Wales, Annotated Trees Act 2019-2020 Category: Principal judgment Parties: Thomas Sendro (Applicant) Cathy Goodings (First Respondent) Simon Goodings (Second Respondent) Representation: T Sendro (Litigant in person) (Applicant) C Goodings (Litigant in person) (First Respondent) S Goodings (Litigant in person) (Second Respondent) File Number(s): 2020/153158 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: Mr Sendro submitted an application, pursuant to section 14B of Part 2A of the Trees (Disputes between Neighbours) Act 2006 (the Act), on the basis that a hedge in his adjacent neighbour's property severely restricts views. 2. The trees at issue are one Brachychiton acerifolius (Illawarra Flame tree) and one Olea europaea subsp. cuspidata (African Olive). The locations from which Mr Sendro claims his view is obstructed, are the balcony adjacent to his main living area (V1) and a bedroom, on the level below (V2).