Greig v Wolff [2022] NSWLEC 1267

Land and Environment Court New South Wales

Medium Neutral Citation: Greig v Wolff [2022] NSWLEC 1267 Hearing dates: 15 November 2021 Site view 16 February 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is upheld to the extent of the following orders. (2) Within 30 days of the date of these orders, the Respondent is to engage and pay for a suitably qualified and experienced arborist or horticulturist (minimum AQF level 3) with all appropriate insurances to prune all trees in Hedge 1 (shown as trees T1–T8 on p 11 of Mr Home's report, Exhibit 3), reducing them to the level of the adjacent hardstand area. (3) Each year during November, beginning November 2022, the Respondent is to engage and pay for a suitably qualified and experienced arborist or horticulturist (minimum AQF level 3) with all appropriate insurances to prune all trees in Hedge 1 (shown as trees T1–T8 on p 11 of Mr Home's report, Exhibit 3), reducing them to a height 20 cm above the level of the adjacent hardstand area. (4) The exhibits are returned, other than A, B and 3 which are retained. 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 – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Vivian Greig (Applicant) Diane Wolff (Respondent) Representation: Counsel: T Hale (Applicant) J Farrell (Respondent)