Lee v Stapleton [2022] NSWLEC 1430

Land and Environment Court New South Wales

Medium Neutral Citation: Lee v Stapleton [2022] NSWLEC 1430 Hearing dates: 25 May 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Jurisdiction: Class 2 Before: Douglas AC Decision: The Orders of the Court are: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): high hedges – is there sufficient notice of lodgement of application – has applicant made reasonable effort to reach agreement - is the obstruction of sunlight and views severe - no entitlement to sunlight or views that were unavailable to applicant upon occupation of dwelling Legislation Cited: Conveyancing Act 1919, s 88K Dividing Fences Act 1991 Interpretation Act 1987 Land and Environment Court Act 1979, s 40 Land and Environment Court Rules 2007, r 7.7 Trees (Disputes Between Neighbours) Act 2006 s 14 A,B,C,D,E Cases Cited: Antipas v Kutcher (2006) 144 LGERA 289; [2006] NSWLEC 42 Ball v Bahramali [2010] NSWLEC 1334 De Zylva v Staas [2012] NSWLEC 1242 Fryday v The Owners - Strata Plan No 15039 [2019] NSWLEC 1150 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Land and Environment Court, Annotated Trees (Disputes Between Neighbours) Act 2006 Macquarie Dictionary NSW Attorney General and Justice Department, Review of Part 2A of the Trees (Dispute Between Neighbours) Act 2006 (NSW)(High hedge provisions) (December 2013) NSW Attorney General and Justice Department, Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW)(November 2009) Oxford Dictionary Category: Principal judgment Parties: Man Yee Lee (Applicant) Giles Stapleton (First Respondent) Elizabeth Stapleton (Second Respondent) Representation: Counsel Man Yee Lee (Self-represented)(Applicant) M Cole (Solicitor) (Respondents)