NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Adamson v Weston [2021] NSWLEC 1677 Hearing dates: 20 August 2021 and 2 November 2021 Date of orders: 08 November 2021 Decision date: 08 November 2021 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. (2) The exhibits are returned except for A, 1 and 2. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – lilly pilly hedge – obstruction of views – whether the view obstruction is severe – extent of the view previously available to the applicants – distance from the applicants' dwelling to the trees – 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 Hinde v Anderson [2009] NSWLEC 1148 Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: John James Adamson (First Applicant) Jennifer Faye Adamson (Second Applicant) Shane Brian Weston (First Respondent) Catherine Valerie Yates (Second Respondent) Representation: Counsel: J Adamson (Litigant in Person) (First Applicant) J Adamson (Litigant in Person) (Second Applicant) W Smith (Solicitor) (Respondents)
Solicitors: Savage and Love (Respondents) File Number(s): 2021/136529 Publication restriction: No
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