The Owners – Strata Plan No. 3123 v Moore [2023] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners – Strata Plan No. 3123 v Moore [2023] NSWLEC 1550 Hearing dates: 24 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Pt 2 application is granted. (2) Within 60 days of the date of these orders, the first and second respondents are to restore the vertical alignment of, and make secure, the section of the applicant's boundary fence immediately to the south of the southeast corner post of the first and second respondents' property. (3) The applicant is to provide any access required for the first and second respondents to complete the works in order (2) during reasonable hours, on 48 hours' notice from the first and second respondents. (4) The Pt 2A application is granted to the extent of the following orders. (5) Within 60 days of the date of these orders, the first and second respondents are to prune, or engage a contractor to prune, all trees in tree groups G2 and G3 so that they are no taller than 2.5 metres. (6) The applicant is to provide any access required for the first and second respondents to complete the works in order (5) during reasonable hours, on 48 hours' notice from the first and second respondents. (7) The exhibits are returned, other than Exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – fence damage caused by neighbouring tree – Pt 2A application – whether the trees are planted so as to form a hedge – obstruction of sunlight and views – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 7, 10, 12, 14A, 14B, 14E, 14F Uniform Civil Procedure Rules 2005, rule 36.17 Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Wisdom v Payn [2011] NSWLEC 1012 Category: Principal judgment Parties: The Owners – Strata Plan 3123 (Applicant) Philip Moore (First Respondent) Caroline Quaine (Second Respondent) The Owners – Strata Plan 91797 (Third Respondent) Representation: Counsel M Langenheim (Applicant) P Moore (Self-represented) (First Respondent) C Quaine (Self-represented) (Second Respondent) P Moore, C Quaine, A Harding, L Bell (Self-represented) (Third Respondent)