Smith v Gregory [2022] NSWLEC 1449

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Gregory [2022] NSWLEC 1449 Hearing dates: 23 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring trees – adjoining land – whether the trees are planted to form a hedge – obstruction of views – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: Robert Smith (First Applicant) Julia Smith (Second Applicant) Richard Gregory (First Respondent) Mary Gregory (Second Respondent) Representation: Counsel: R Smith (Self-represented) (First Applicant) J Smith (Self-represented) (Second Applicant) R Gregory (Self-represented) (Both Respondents) File Number(s): 2022/141005 Publication restriction: No

Judgment

Background to the application 1. COMMISSIONER: On a steep north-facing slope in Avalon Beach, Richard and Mary Gregory (the Respondents) have a garden with palms, tree ferns and other plants. Upslope to their south, the property belonging to Julia and Robert Smith (the Applicants) is close to the top of a natural ridge. From their dwelling, the Smiths have views to the north and northeast, over the Gregorys' property, to Careel Bay, the Palm Beach Peninsular and beyond. 2. The Smiths have applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the Gregorys to maintain trees in their front garden to a height no greater than 2.5 metres.