Day v Caithness [2022] NSWLEC 1577

Land and Environment Court New South Wales

Medium Neutral Citation: Day v Caithness [2022] NSWLEC 1577 Hearing dates: 26 July 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Class 1 Before: Douglas AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – Review of the Trees Act – trees severely obstructing sunlight before applicants' occupation – other causes of sunlight obstruction Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 Pt 2A, s 14A, 14B, 14E, 14F Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Fryday v The Owners - Strata Plan No 15039 [2019] NSWLEC 1150 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Texts Cited: NSW Justice & Attorney General's Department 'Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW)' (November 2009) Category: Principal judgment Parties: Wendy Day (First Applicant) Brian Day (Second Applicant) Lee Caithness (First Respondent) David Caithness (Second Respondent) Representation: W Day (Self represented) (First Applicant) B Day (Self represented) (Second Applicant) L Caithness (Self represented) (First Respondent) D Caithness (Self represented) (Second Respondent) File Number(s): 2022/122064 Publication restriction: No