Taylor v Dixon [2022] NSWLEC 1083

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Dixon [2022] NSWLEC 1083 Hearing dates: 11 February 2022 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight – whether trees are planted so as to form a hedge – whether the obstruction is severe – whether the applicant has lost access to sunlight – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14D, 14E, 14F Cases Cited: McDougall v Philip [2011] NSWLEC 1280 Category: Principal judgment Parties: Clare Taylor (Applicant) Rod Dixon (First Respondent) Sharne Aldridge (Second Respondent) Representation: Counsel: C Taylor (Litigant in Person) (Applicant) B Richardson (Agent) (First and Second Respondents) File Number(s): 2021/309627 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. Clare Taylor ('the applicant') bought her Mosman property in December 2020. In November 2021 Ms Taylor applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for two cypress trees on neighbouring land belonging to Rod Dixon and Sharne Aldridge ('the respondents') to be pruned or removed due to the sunlight obstruction caused by those trees.