Popovac v Kennedy [2021] NSWLEC 1635

Land and Environment Court New South Wales

Medium Neutral Citation: Popovac v Kennedy [2021] NSWLEC 1635 Hearing dates: 18 October 2021 Date of orders: 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned except for A and 1. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – whether all trees are planted so as to form hedges – whether the view obstruction is severe – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Simo Popovac (Applicant) Dominic Kennedy (First Respondent) Jessica Kennedy (Second Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) L Sims (Respondents)

Solicitors: McCabes (Applicant) Bick & Steele (Respondents) File Number(s): 2021/199974 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. Simo Popovac ('the applicant') has applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for neighbouring trees to be pruned and maintained so as to restore views from his North Curl Curl property, which he has owned since 2007. The trees subject to the application are on the adjoining property belonging to Dominic and Jessica Kennedy ('the respondents').