Doughty v Jamieson [2023] NSWLEC 1556

Land and Environment Court New South Wales

Medium Neutral Citation: Doughty v Jamieson [2023] NSWLEC 1556 Hearing dates: 19 June 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) Within 45 days of the date of these orders, the respondent, at her expense, shall remove all bamboo growing within the applicant's garden and in the applicant's planter boxes near the common boundary, including all rhizomes, and remove all debris. (2) During April 2024 and November 2024, the respondent, at her expense, shall locate and remove all bamboo growing within the applicant's garden and in the applicant's planter boxes near the common boundary, including all rhizomes, and remove all debris. (3) The bamboo removal shall be completed by professional gardeners with appropriate insurance, and shall comply with Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016. (4) The applicant shall provide all reasonable access for contractors to undertake quotes, and to undertake the bamboo removal, upon receipt of at least 72 hours' notice by email from the respondent. (5) All quotes and works shall be completed during reasonable daytime working hours. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges removed before hearing – apprehension of hedge recurring – balance between sunlight and privacy – are trees causing damage to applicant's property Legislation Cited: Dividing Fences Act 1991 Limitation Act 1969, s 14 Trees (Disputes between Neighbours) Act 2006, Pts 2, 2A, ss 7, 8, 9, 10, 12, 14A, 14B, 14C, 14D, 14E, 14F Trees (Disputes between Neighbours) Regulation 2019, s 4 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry v Olsson [2010] NSWLEC 1302 Moroney v John [2008] NSWLEC 32 Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152 Steber v Job [2019] NSWLEC 1308 Tooth v McCombie [2011] NSWLEC 1004 Yang v Scerri [2007] NSWLEC 592 Texts Cited: Safe Work Australia, Guide to Managing Risks of Tree Trimming and Removal Work, 2016 Category: Principal judgment Parties: Julie Doughty (Applicant) Kerry Jamieson (Respondent) Representation: J Doughty (Self-represented) (Applicant) K Jamieson (Self-represented) (Respondent) File Number(s): 2023/91950 Publication restriction: Nil