King v Moore [2023] NSWLEC 1654

Land and Environment Court New South Wales

Medium Neutral Citation: King v Moore [2023] NSWLEC 1654 Hearing dates: 26 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – palms – obstruction of views – whether the palms form a hedge – whether reasons to interfere with the trees outweigh reasons to avoid interference Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, ss 14A, 14B, 14E Cases Cited: Arnold v Persson [2022] NSWLEC 1270 Category: Principal judgment Parties: Natasha Nicole King (Applicant) Taki Moore (Respondent) Representation: Counsel N King (Self-represented) (Applicant) T Moore (Self-represented) (Respondent) File Number(s): 2023/265789 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. COMMISSIONER: Natasha King (the applicant) 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 the removal of a row of Bangalow palms (the trees) on the neighbouring Queenscliff property belonging to Taki Moore (the respondent). The hearing took place onsite, allowing the Court to inspect the trees and both properties.

The trees 1. Mr Moore obtained a report from arborist Robert de Jong, who described the 15 Bangalow palms (Archontophoenix cunninghamiana) as 4–8 metres tall, with 10 of the trees in good condition. Mr de Jong recommended removal of the other 5 trees because they are in poor condition.