Mantell v Cairns [2023] NSWLEC 1729

Land and Environment Court New South Wales

Medium Neutral Citation: Mantell v Cairns [2023] NSWLEC 1729 Hearing dates: 24 November 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – Daintree pines – obstruction of a view – whether the obstruction is severe – balancing of interests Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Category: Principal judgment Parties: Barbara Mantell (Applicant) Baydon Cairns (First Respondent) Tracy Cairns (Second Respondent) Representation: Counsel B Mantell (Self-represented) (Applicant) B Cairns (Self-represented) (First Respondent) T Cairns (Self-represented) (Second Respondent) File Number(s): 2023/291791 Publication restriction: No

Judgment

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

Background 1. COMMISSIONER: Ms Mantell (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 pruning trees on the neighbouring Cumbalum property belonging to Tracy and Baydon Cairns (the respondents). The trees have grown to obstruct her view. 2. The hearing took place onsite, allowing the Court to inspect the trees and both properties. The Court went to the applicant's property to inspect the trees' impacts on her view.