NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Koundouris v Kresner [2022] NSWLEC 1168 Hearing dates: 21 October 2021 and1 November 2021 Date of orders: 31 March 2022 Decision date: 31 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 – neighbouring hedges – obstruction of views – whether the obstruction is severe – whether the Applicant has lost access to views – privacy and other benefits of the trees – application refused Legislation Cited: Interpretation Act 1987, s 34 Trees (Disputes Between Neighbours) Act 2006, ss 3, 4, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, cl 4 Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 McDougall v Philip [2011] NSWLEC 1280 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Department of Justice and Attorney General, Review of the Trees (Disputes Between Neighbours) Act 2006 (November 2009) Category: Principal judgment Parties: Aristidis Eric Koundouris (First Applicant) Sodnoc Pty Ltd (Second Applicant) Ilana Michelle Kresner (Respondent) Representation: Counsel: M Staunton with T Poisel (Applicants) N Eastman (Respondent)
Solicitors: Pikes and Verekers Lawyers (Applicants) Thomson Geer Lawyers (Respondent) File Number(s): 2021/143985 Publication restriction: No
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