McDonald v Sheehan [2022] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: McDonald v Sheehan [2022] NSWLEC 1159 Hearing dates: 23 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 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 views – whether trees are planted so as to form a hedge – impacts of pruning – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Texts Cited: AS 4373–2007 Pruning of amenity trees, Standards Australia 2007 Category: Principal judgment Parties: Kevin McDonald (First Applicant) Jennifer McDonald (Second Applicant) Vicki Sheehan (First Respondent) Andrew Hill (Second Respondent) Representation: K McDonald (Self-represented) (First Applicant) J McDonald (Self-represented) (Second Applicant) V Sheehan (Self-represented and Agent) (First and Second Respondents) File Number(s): 2021/328433 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. Kevin and Jennifer McDonald ('the Applicants') have applied to the Court, pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for pruning of four turpentine trees on neighbouring land belonging to Vicki Sheehan and Andrew Hill ('the Respondents'). The McDonalds want the trees reduced in height to restore views they enjoyed when they came to their property 22 years ago.