Gough v Karlikoff [2023] NSWLEC 1068

Land and Environment Court New South Wales

Medium Neutral Citation: Gough v Karlikoff [2023] NSWLEC 1068 Hearing dates: 10 February 2023 Date of orders: 10 February 2023 Decision date: 10 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 are planted to form a hedge – view obstruction Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Department of Justice and Attorney General, Review of the Trees (Disputes Between Neighbours) Act 2006 (November 2009) Category: Principal judgment Parties: Karyne Gough (Applicant) Marta Eva Karlikoff (First Respondent) David Karlikoff (Second Respondent) Representation: K Gough (Self-represented) (Applicant) M Karlikoff (Self-represented) (First Respondent) D Karlikoff (Self-represented) (Second Respondent) File Number(s): 2022/343707 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: On the narrow finger of land of Point Frederick, dwellings have varying degrees of access to water views. Karyne Gough (the Applicant) claims to have lost a water view she once enjoyed due to the growth of trees on neighbouring land belonging to Marta and David Karlikoff (the Respondents). Following recent mediation, the Respondents pruned a hedge of camellias. Ms Gough 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 a magnolia tree (the tree) to be removed or pruned to restore her view. She seeks no orders for the camellias. The hearing took place onsite this morning. I have read the material filed with the Court by the parties. The Respondents obtained a report from Tim Harwood, arborist, who attended the hearing to give evidence.