Probert v Christie [2021] NSWLEC 1529

Land and Environment Court New South Wales

Medium Neutral Citation: Probert v Christie [2021] NSWLEC 1529 Hearing dates: 10 June 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – does covenant over height of trees apply – were the trees planted – do the trees form a hedge – are views severely obstructed – balancing of interests Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 ss14A, 14B, 14E, 14F Uniform Civil Procedures Rules 2005 Schedule 7 Cases Cited: Fyday v The Owners - Strata Plan No 15039 [2019] NSWLEC 1150 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: AS4373:2007 Pruning of amenity trees Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Category: Principal judgment Parties: Keith Probert (First Applicant) Susan Probert (Second Applicant) Amiel Christie (Respondent) Representation: K Probert (Litigant in person) (First Applicant) S Probert (Litigant in Person) (Second Applicant) A Christie (Litigant in person) (Respondent) File Number(s): 2021/63266 Publication restriction: No