Sinclair v Savdie [2022] NSWLEC 1040

Land and Environment Court New South Wales

Medium Neutral Citation: Sinclair v Savdie [2022] NSWLEC 1040 Hearing dates: 28 October 2021 Date of orders: 2 February 2022 Decision date: 02 February 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: See Orders below at [55]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): high hedges; is the obstruction of views severe; hedge pruned just before the hearing; whether the obstruction must be present on the day of the hearing; no entitlement to views that were unavailable to applicants upon occupation of dwelling; balancing of interests between views and privacy Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14C, 14E, 14F, Pt 2A Uniform Civil Procedure Rules 2005, Div 2, Pt 31, Sch 7 Cases Cited: Fyday v The Owners - Strata Plan No 15039 [2019] NSWLEC 1150 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting Pty Ltd v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: NSW Government, Justice & Attorney General, Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), November 2009 Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Paul Sinclair (First Applicant) Sandra Sinclair (Second Applicant) Sharon Savdie (Respondent) Representation: Solicitors: P O'Brien (Applicants) A Boscovitz (Respondent) File Number(s): 2021/224544 Publication restriction: No