Demkin v Koster [2022] NSWLEC 1633

Land and Environment Court New South Wales

Medium Neutral Citation: Demkin v Koster [2022] NSWLEC 1633 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 sunlight severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14E, 14F Category: Principal judgment Parties: J Demkin (Applicant) H Koster (First Respondent) C Koster (Second Respondent) Representation: J Demkin (Applicant) (Self-represented) H Koster (First Respondent) (Self-represented) C Koster (Second Respondent) (Self-represented) File Number(s): 2022/238403 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal brought by Jennifer Demkin (the applicant) against Harry Koster and Christina Koster (the respondents), an adjoining neighbour, pursuant to Pt 2A, s 14B of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders to prune trees that form a hedge, north of her common boundary. 2. The applicant seeks for the respondent to prune and maintain the trees, identified as T1 to T18 in the application, to a height equivalent to the roof of an adjoining neighbours shed which are considered by her to cause a severe obstruction of sunlight to her dwelling.