Joseph v Spencer (No 7) [2022] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Joseph v Spencer (No 7) [2022] NSWLEC 1085 Hearing dates: 7-9 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Class 2 Before: Dixon SC Decision: See orders at [50] below. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 – bamboo – obstruction of view – whether the obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14D, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, cl 4 Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wein v Reeves [2022] NSWLEC 1019 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Michael Joseph (Applicant) Ricardo Douglas Spencer (First Respondent) Jennifer Gwenneth Spencer (Second Respondent) Representation: M Joseph (Self-represented) (Applicant) J Spencer (Self-represented) (Respondents) File Number(s): 2021/14119 Publication restriction: Nil

Judgment 1. The applicant, Michael Joseph has made an application pursuant to Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act), for orders in relation to bamboo planted on his neighbours' southern boundary, immediately to north of his dwelling, at 108 North Kiama Drive, Kiama Downs. 2. The neighbouring property, at 110 North Kiama Drive, Kiama Downs, is owned by the respondents, Drs Ricardo and Jennifer Spencer (the Spencers).