L’Estrange v Cunial [2023] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: L'Estrange v Cunial [2023] NSWLEC 1413 Hearing dates: 20 June 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following orders. (2) During February and August of each year, beginning August 2023, the respondents are to engage a suitably experienced and insured contractor to prune all lilly pillies in the hedge along their western boundary, so that each tree is no taller than 3.8 metres in height, measured from its base, and so that no branches of these trees overhang the boundary. The works are to be done in accordance with Safe Work Australia (2016) 'Guide to managing risks of tree trimming and removal work'. (3) The respondents are to provide the applicants with one week's notice of each biannual pruning event. (4) The applicants are to allow any access necessary for each biannual pruning event to be completed during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of views – whether the obstruction is severe – whether the applicants have lost a view – impacts of tree pruning on privacy – whether orders should be made Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Texts Cited: Safe Work Australia, 'Guide to managing risks of tree trimming and removal work' (July 2016) Category: Principal judgment Parties: Catherine L'Estrange (First Applicant) Louise-Anne Louw (Second Applicant) Jason Cunial (First Respondent) Allison Cunial (Second Respondent) Representation: Counsel I Lyon (Solicitor) (Applicants) J Cunial (Self-represented) (First Respondent) A Cunial (Self-represented) (Second Respondent)