Moore v Studholme [2020] NSWLEC 1519

Land and Environment Court New South Wales

Medium Neutral Citation: Moore v Studholme [2020] NSWLEC 1519 Hearing dates: 28 July 2020 Date of orders: 29 October 2020 Decision date: 29 October 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is granted. (2) Within 60 days of the date of these orders, the respondents are to remove all bamboo and tiger grass in Hedge 2 on their southern side boundary, Hedge 3 on their front boundary, and Hedge 4 on their northern side boundary, and take any action required to prevent the tiger grass and bamboo in these three hedges regrowing. (3) If the respondents establish any hedges along their northern or southern side boundaries in future, they are to use species that grow to a height of no more than 5 metres at maturity. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – bamboo and tiger grass – obstruction of views – whether the obstruction is severe – whether the applicant has lost access to views – orders for removal – orders to restrict height of future hedges Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Trees (Disputes Between Neighbours) Regulation 2019 Cases Cited: Steber v Job [2019] NSWLEC 1308 Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Category: Principal judgment Parties: David Phillip Moore (Applicant) Brett Alexander Studholme (First Respondent) Alma Studholme (Second Respondent) Representation: D Moore (Litigant in person) (Applicant) B Studholme (Litigant in person) (First Respondent) A Studholme (Litigant in person) (Second Respondent) File Number(s): 2020/122734 Publication restriction: No