Swadel v Chissell [2022] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: Swadel v Chissell [2022] NSWLEC 1513 Hearing dates: 11 March 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is granted to the extent of the following orders. (2) Within 30 days of the date of these orders, the Respondent is to engage a suitably insured landscape contractor or arborist to prune the three lilly pillies forming a hedge along the Respondent's common boundary with the Applicants' property so that they are no higher than the upper edge (nearest the common boundary) of the Respondent's garage. (3) While the lilly pillies remain in the landscape, during April each year beginning April 2023, the Respondent is to engage a suitably insured landscape contractor or arborist to prune them so that they are no more than 500 mm above the upper edge (nearest the common boundary) of the Respondent's garage. (4) The Respondent is to give the Applicant at least 2 days' notice of the pruning in orders (2) and (3) and is to remove any debris that falls from the pruning into the Applicant's property should the Applicant wish. (5) Periodically, as they see fit, the Applicant may prune any of the lilly pillies' branches that overhang their property back to the common boundary but no further. (6) The exhibits are returned except for A, B and 1. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – whether trees are planted so as to form a hedge – whether the obstruction is severe – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, 14A, 14B, 14E, 14F Cases Cited: Milne v Herald [2022] NSWLEC 1338 Murphy v Moeskops [2021] NSWLEC 1686 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Michelle Ann Swadel (Applicant) Julie Anne Chissell (Respondent) Representation: Counsel: N Hammond (Applicant) J Chissell (Self-represented) (Respondent)