Baker v Choi [2022] NSWLEC 1161

Land and Environment Court New South Wales

Medium Neutral Citation: Baker v Choi [2022] NSWLEC 1161 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [23] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application concerning damage – trees damaging the applicant's property and the common boundary fence – Pt 2A application concerning obstruction of sunlight – sunlight obstruction is severe – orders for tree removal – height restriction for future hedge plants Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10. Pt 2A ss 14A, 14B, 14E, 14F Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: Safe Work Australia 'Guide to managing risks of tree trimming and removal work', 2016 Category: Principal judgment Parties: Luke Baker (First Applicant) Nadia Baker (Second Applicant) Shanzhi Choi (Respondent) Representation: L Baker (Self-represented) (First Applicant) N Baker (Self-represented) (Second Applicant) S Choi (Self-represented) (Respondent) File Number(s): 2021/335462 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. COMMISSIONER: Luke and Nadia Baker (the applicants) have applied to the Court pursuant to both s 7 (Pt 2) and s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act). They seek orders for pruning or removing a row of cypress trees on neighbouring land belonging to Shanzhi Choi (the respondent). 2. Under their Pt 2 application, the Bakers claim the trees are damaging their roof and guttering, as well as displacing the boundary fence. Under their Pt 2A application, they claim the trees obstruct sunlight to windows of their dwelling.