Thompson v Quine [2021] NSWLEC 1645

Land and Environment Court New South Wales

Medium Neutral Citation: Thompson v Quine [2021] NSWLEC 1645 Hearing dates: 19 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court orders that: (1) The application is granted to the extent of the orders below. (2) Until the lilly pilly trees in the hedge along the respondent's southern boundary are removed, during November each year beginning November 2021, the respondent is to prune, or is to engage a suitably insured landscape contractor or arborist to prune, all lilly pilly trees in the hedge so that they are no more than 100 mm above the top of the adjacent boundary wall. (3) The respondent is to give the applicant at least 2 days' notice of each pruning event in order (2). (4) Should the applicant want any debris from pruning ordered in (2) to be removed from her property, she is to provide any access required for this during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight and views – whether all trees are planted so as to form a hedge – whether the obstruction is severe – height of the trees when the applicant purchased their property – pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Jones v Cooper [2020] NSWLEC 1688 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Elizabeth Thompson (Applicant) Christine Quine (Respondent) Representation: Counsel: E Thompson (Litigant in Person) (Applicant) O Yeatman (Solicitor) (Respondent)