Gadallah v Lennon [2020] NSWLEC 1529

Land and Environment Court New South Wales

Medium Neutral Citation: Gadallah v Lennon [2020] NSWLEC 1529 Hearing dates: 30 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – bamboo – parts of the hedge on council-managed land – obstruction of views – whether the obstruction is severe – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Trees (Disputes Between Neighbours) Regulation 2019 Texts Cited: Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' (July 2020) Category: Principal judgment Parties: John Gadallah (Applicant) Michael Lennon (First Respondent) Cynthia Lennon (Second Respondent) Representation: J Gadallah (litigant in person) (Applicant) No appearance (First Respondent) No appearance (Second Respondent) File Number(s): 2020/170963 Publication restriction: No

Judgment

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

Background to the application 1. In 2014 Mr Gadallah ('the applicant') purchased his residential property in Lilli Pilli. He has broad views of Port Hacking to his west and southwest. In 2018 his neighbours Cynthia Lennon and Michael Lennon ('the respondents') planted bamboo along their north-eastern boundary. In 2020 Mr Gadallah applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act'), seeking orders for the bamboo to be removed and for the height of future plantings along that boundary to be restricted.