NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Saidi v Farajpour [2022] NSWLEC 1078 Hearing dates: 20 October 2021 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [38]. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight – whether trees are planted so as to form a hedge – whether the sunlight obstruction is severe – height of the trees when the applicant purchased their property – impact of pruning trees – orders for removing some trees and replanting – orders for pruning some trees Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Vartazarian v Elworthy; Fallows v Elworthy [2020] NSWLEC 1462 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Samir Arif Saidi (First Applicant) Kate Ann Saidi (Second Applicant) Ladan Farajpour (First Respondent) Mehrad Farajpour (Second Respondent) Representation: Counsel: S Saidi (Litigant in Person) (Applicants) H Kalarostaghi (Solicitor) (Respondents)
Solicitors: Hunt & Hunt Lawyers (Respondents) File Number(s): 2021/132861 Publication restriction: No
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