Matthews v Holford [2022] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: Matthews v Holford [2022] NSWLEC 1407 Hearing dates: 29 March 2022 and 31 March 2022 Date of orders: 29 July 2022 Decision date: 29 July 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The Pt 2 application is refused. (2) The Pt 2A application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – risk of damage to property – Pt 2A application – neighbouring hedge – obstruction of views – whether the trees are planted so as to form a hedge – whether the obstruction is severe – privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 10; Pt 2A, ss 14A, 14B, 14E Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Martin Matthews (Applicant) Graham Holford (First Respondent) Margaret Holford (Second Respondent) Representation: Counsel: M Matthews (Self-represented) (Applicant) G Holford (Self-represented) (First Respondent) M Holford (Self-represented) (Second Respondent) File Number(s): 2021/339069 Publication restriction: No

Judgment

Background to the application 1. COMMISSIONER: Martin Matthews (the Applicant) has applied to the Court pursuant to s 7 (Pt 2) and s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for his neighbours Graham Holford and Margaret Holford (the Respondents) to prune trees on their property. 2. Under Pt 2 of the Trees Act, Mr Matthews seeks orders for the Holfords to prune trees that might cause damage or injury. Under Pt 2A, he seeks orders for the Holfords to prune and maintain at a lower height several trees that obstruct views from his dwelling.