Wilson v Nisbett [2021] NSWLEC 1419

Land and Environment Court New South Wales

Medium Neutral Citation: Wilson v Nisbett [2021] NSWLEC 1419 Hearing dates: 21 July 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, except for Exhibits A and B. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – lilly pilly – obstruction of a view – whether the obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Category: Principal judgment Parties: Susan Wilson (Applicant) Stuart Nisbett (First Respondent) Brigitte Nisbett (Second Respondent) Representation: Counsel: S Wilson (Litigant in Person) (Applicant) V Conomos (Solicitor) (Respondents)

Solicitors: Conomos Legal (Respondents) File Number(s): 2021/74176 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. Susan Wilson ('the applicant') has lived at her Fairlight property since 1985. From her south-facing kitchen window she has enjoyed a corridor view between neighbouring buildings, including a view of the water of North Harbour and beyond to the hills of Balgowlah Heights. In 2013 or 2014, neighbours to her south, Brigitte and Stuart Nisbett ('the respondents'), planted lilly pilly hedges along their northern and western boundaries. Ms Wilson found the trees grew into her view, shaded her garden, extended over her property, and developed pest problems. She has often asked the Nisbetts to prune the trees, which they have sometimes done, but not to her satisfaction. Ms Wilson applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for the trees to be pruned or removed to restore her view. She also sought an order to prevent the respondents installing structures that might obstruct her view.