Pearce v Gleeson [2022] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Pearce v Gleeson [2022] NSWLEC 1543 Hearing dates: 28 March 2022 Date of orders: 5 October 2022 Decision date: 05 October 2022 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders that: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedges – obstruction of views – whether the obstruction is severe – whether the Applicants have lost access to views – application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Antipas v Kutcher (2006) 144 LGERA 289; [2006] NSWLEC 42 McDougall v Philip [2011] NSWLEC 1280 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Taylor v Dixon [2022] NSWLEC 1083 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Dean Pearce (First Applicant) Charlsey Pearce (Second Applicant) William Gleeson (First Respondent) Julie Gleeson (Second Respondent) Representation: Counsel: D Pearce (Self-represented) (First Applicant) C Pearce (Self-represented) (Second Applicant) B Williamson (Agent) (Respondents) File Number(s): 2021/349376 Publication restriction: No

Judgment

Background to the application 1. COMMISSIONER: In these proceedings, neighbours in Newport dispute whether lilly pilly hedges obstruct a view to the extent that orders should be made to prune the trees. Dean and Charlsey Pearce (the Applicants) have applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) seeking orders to mitigate a view obstruction caused by trees on adjoining land belonging to Julie and William Gleeson (the Respondents).