NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Brown v Davey [2021] NSWLEC 1639 Hearing dates: 22 July 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Class 1 Before: Douglas AC Decision: The orders of the Court are: (1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is the obstruction of sunlight severe – balance between sunlight and privacy – application dismissed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 ss 14A(1), ss 14B, ss 14E(1)(a), ss 14E(2)(a)(i) Wyong Local Environment Plan 2013 Cases Cited: Clancy v Bell [2011] NSWLEC 1017 De Zylva &anor v Staas & anor [2012] NSWLEC 1242 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Hinde v Anderson & anor [2009] NSWLEC 1148 Tonoli v Rappo [2010] NSWLEC 1320 Tooth v McCombie [2011] NSWLEC 1004 Voeten & anor v Adams [2011] NSWLEC 1106 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (June 2021) Category: Principal judgment Parties: Geoffrey Brown (Applicant) Grant Davey (Respondent) Representation: G Brown (Litigant in person) (Applicant) G Davey (Litigant in person) (Respondent) File Number(s): 2021/106258 Publication restriction: No
Judgment
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
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