NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Wein v Reeves [2022] NSWLEC 1019 Hearing dates: 28 October 2021 Date of orders: 19 January 2022 Decision date: 19 January 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: 1) The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – were the trees planted so as to form a hedge - do the trees form a hedge – are views severely obstructed – balancing of interests Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss14A, 14B, 14E, 14F, Pt 2A Cases Cited: Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: AS4373-2007 Pruning of amenity trees Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Safe Work Australia – Guide to the managing of risk of tree trimming and removal work, July 2016 Category: Principal judgment Parties: Glenn Wein (Applicant) Steven Reeves (Respondent) Representation: Counsel: R O'Gorman - Hughes (Applicant) M Boulton (Respondent)
Solicitors: Comino Daniels Lawyers (Applicant) Brock Partners (Respondent) File Number(s): 2021/234386 Publication restriction: No
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