ABC v XYZ [2022] NSWLEC 1500

Land and Environment Court New South Wales

Medium Neutral Citation: ABC v XYZ [2022] NSWLEC 1500 Hearing dates: 29 November 2021 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A, which is retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – whether trees are planted so as to form a hedge – whether a tree is on adjoining land – whether the obstruction is severe – application refused Legislation Cited: Interpretation Act 1987, s 8 Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 4, 14A, 14B, 14D, 14E, 14F Cases Cited: Dive v Lin and Liu [2017] NSWLEC 153 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: ABC (Applicant) XYZ (Respondent) Representation: Counsel: L Sims (Applicant) L Nurpuri (Respondent)

Solicitors: Not published File Number(s): 2021/236889 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the Court orders the non-publication of the names and addresses of the parties.

Judgment