Chevalier v Hyasat [2022] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: Chevalier v Hyasat [2022] NSWLEC 1029 Hearing dates: 18 January 2022 Date of orders: 18 January 2022 Decision date: 18 January 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – a single tree does not form a hedge – one tree not on respondents' land – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A ss 4, 14A, 14B, 14F Texts Cited: Warringah Development Control Plan 2011 Category: Principal judgment Parties: Arnaud Chevalier (First Applicant) Sandrine Chevalier (Second Applicant) Marina Hyasat (First Respondent) Hasan Hyasat (Second Respondent) Representation: A Chevalier (Litigant in Person) (Applicants) L Sims (Respondents)

Solicitors: Bick & Steele (Respondents) File Number(s): 2021/290955 Publication restriction: No

Judgment

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

Background to the application 1. COMMISSIONER: Arnaud and Sandrine Chevalier ('the applicants') find the water view from their North Curl Curl home is partially obstructed by nearby trees. They applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act') seeking orders for their neighbours, Marina and Hasan Hyasat ('the respondents') to prune and maintain one tree. They also seek an order for costs.