Tigani v Hazelbrook [2023] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: Tigani v Hazelbrook [2023] NSWLEC 1061 Hearing dates: 8 February 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedge – whether the trees severely obstruct sunlight to a window – sunlight obstruction to courtyard not within Pt 2A jurisdiction – other issues cannot be dealt with under Pt 2A Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, s 4, Pt 2, s 10 Pt 2A, ss 14A, 14B, 14D, 14E Cases Cited: Koundouris v Kresner [2022] NSWLEC 1168 Texts Cited: Department of Justice and Attorney General, Review of the Trees (Disputes Between Neighbours) Act 2006 (November 2009) Category: Principal judgment Parties: Pina Tigani (Applicant) Simon Hazelbrook (First Respondent) Michelle Hazelbrook (Second Respondent) Representation: P Tigani (Self-represented) (Applicant) S Hazelbrook (Self-represented) (Respondents) File Number(s): 2022/367545 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: Pina Tigani (the Applicant) has applied to the Court pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the removal of trees that form a hedge on neighbouring land belonging to Michelle and Simon Hazelbrook (the Respondents). The hearing took place onsite in Newtown this morning. I have read the material filed with the Court by the parties.