Macfadyen v Daley [2023] NSWLEC 1751

Land and Environment Court New South Wales

Medium Neutral Citation: Macfadyen v Daley [2023] NSWLEC 1751 Hearing dates: 21 November 2023 Date of orders: 21 November 2023 Decision date: 21 November 2023 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted to the extent of the following Orders. (2) Within 30 days of the date of these Orders, the respondents are to remove, or pay for a suitably qualified contractor to remove, all bamboo along the northern side of the fence that is the common boundary fence along the applicant's courtyard. (3) The respondents are to take all reasonable steps to prevent the bamboo regrowing along that section of the boundary. (4) Any further hedge planting along that section of the boundary must be of a species that grows no taller than 3 metres, or must be maintained at a height of no more than 3 metres. (5) The exhibits are returned, except for Ex A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – bamboo – obstruction of sunlight – whether the obstruction is severe – privacy – whether the bamboo should be pruned or removed Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Trees (Disputes Between Neighbours) Regulation 2019, s 4 Cases Cited: GM Adams & Associates Pty Ltd v Hornsby Shire Council [2002] NSWLEC 89 P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Category: Principal judgment Parties: Christine Macfadyen (Applicant) Tim Daley (First Respondent) Michelle Scott (Second Respondent) Representation: Counsel C Macfadyen (Self-represented) (Applicant) T Daley (Self-represented) (First Respondent) M Scott (Self-represented) (Second Respondent) File Number(s): 2023/254348 Publication restriction: Nil