The Owners – Strata Plan 14416 v The Owners – Strata Plan 16857 [2021] NSWLEC 1659

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan 14416 v The Owners – Strata Plan 16857 [2021] NSWLEC 1659 Hearing dates: 21 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [13] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight and views – whether trees are planted to form a hedge – whether the obstruction is severe – strata plan as applicant in proceedings pursuant to Pt 2A of the Trees Act – whether an owner or occupier has lost access to sunlight or views – consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, cl 4 Cases Cited: Breen v Caronna [2008] NSWLEC 293 Vartazarian v Elworthy; Fallows v Elworthy [2020] NSWLEC 1462 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), Attorney General, November 2009 Category: Principal judgment Parties: The Owners – Strata Plan 14416 (Applicant) The Owners – Strata Plan 16857 (Respondent) Representation: Counsel: L Sims (Applicant) T Ward (Solicitor) (Respondent)

Solicitors: Bick & Steele (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2021/203854 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.