El-Ammar v Cheaitani (No 2) [2023] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: El-Ammar v Cheaitani (No 2) [2023] NSWLEC 1475 Hearing dates: 28 April 2023 Date of orders: 22 August 2023 Decision date: 22 August 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The orders of the Court are: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – were the trees planted to form a hedge - do the trees form a hedge – are views severely obstructed – balancing of interests Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pts 2, 2A, ss 7, 14, 14A, 14B, 14C, 14D, 14E, 14F Cases Cited: El-Ammar v Cheaitani [2023] NSWLEC 1034 Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 McDonald v Sheehan [2022] NSWLEC 1159 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Annotated Trees (Disputes Between Neighbours) Act 2006 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) (First Applicant) D El-Ammar (Self-represented) (Second Applicant) A Cheaitani (Self-represented) (First Respondent) D Cheytani (Self-represented) (Second Respondent) File Number(s): 2023/54666 Publication restriction: Nil