Demkin v Morris [2022] NSWLEC 1632

Land and Environment Court New South Wales

Medium Neutral Citation: Demkin v Morris [2022] NSWLEC 1632 Hearing dates: 4 November 2022 Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Pt 2A application is refused. (2) All exhibits are returned. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – whether the applicant made reasonable effort – high hedge – is the obstruction of views severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14E, 14F Category: Principal judgment Parties: J Demkin (Applicant) M Morris (First Respondent) P Morris (Second Respondent) Representation: J Demkin (Applicant) (Self-represented) P Pagin (First and Second Respondents)

Solicitors: Pagin Mak Lawyers (First and Second Respondents) File Number(s): 2022/238404 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an appeal brought by Jennifer Demkin (the applicant) against Maureen Morris and Paul Morris (the respondents), an adjoining neighbour, pursuant to Pt 2A, s 14B of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), which seeks orders to prune trees that form a hedge along the common boundary. 2. The applicant seeks orders for the respondent to prune and maintain trees, specifically identified as T1 to T7 in the application, which are considered by the applicant to cause a severe obstruction of sunlight to her dwelling.