El-Ammar v Cheaitani [2023] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: El-Ammar v Cheaitani [2023] NSWLEC 1034 Hearing dates: 27 January 2023 Date of orders: 01 February 2023 Decision date: 01 February 2023 Jurisdiction: Class 2 Before: Gray C Decision: The Court orders that: (1) The application is dismissed. Catchwords: TREES (NEIGHBOURS) – Hedge – obstruction of views – whether trees form a hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 s 14A Cases Cited: Johnson v Angus [2012] NSWLEC 192 Category: Principal judgment Parties: Anthony El-Ammar (First applicant) Diane El-Ammar (Second applicant) Atef Cheaitani (First respondent) Diana Cheytani (Second respondent) Representation: A El-Ammar (Self-represented) (Applicants) A Cheaitani (Self-represented) (First Respondent) D Cheytani (Self-represented) (Second Respondent) File Number(s): 2022/326134 Publication restriction: No

Judgment 1. COMMISSIONER: The applicants, Mr El-Ammar and his mother Mrs El-Ammar, own property at Greenwich from which they have enjoyed views to the Sydney city skyline. They claim that four trees forming a hedge on the adjoining neighbours property, owned by the respondents, Mr Cheaitani and Mrs Cheytani, have obstructed those views. On 1 November 2022 they lodged an application with the Court under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) seeking orders for the removal of the trees. 2. Subsequent to the lodgement of the application, the respondents have taken steps to remove three of the four trees, such that three of the trees are now stumps measuring 40-50cm. Their position is that the remaining tree makes a contribution to the privacy of their garden and house, and to the landscaping of their garden. They also say that, with the removal of three of the four trees, there is no longer a hedge. 3. Before the Court has the power to make any orders under the Trees Act with respect to the trees, there are a number of jurisdictional tests that must be satisfied. These tests include determining if there are two or more trees that form a hedge, and if they severely obstruct a view. It is only if those tests are satisfied that I would then have the power, under the Trees Act, to proceed to make orders to remedy, restrain or prevent the obstruction of views, which can include orders for removal of the trees.