NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Popescu v Tepes [2023] NSWLEC 1804 Hearing dates: 5 September 2023 Date of orders: 5 September 2023 Decision date: 05 September 2023 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – is hedge severely obstructing sunlight to a window of a dwelling or a view from a dwelling –damage claimed but no application under Pt 2 Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A s14A, 14B, 14C, 14D, 14E Trees (Disputes between Neighbours) Regulation 2019, s 4 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 Lee v Stapleton [2022] NSWLEC 1430 Robinson v Nagle [2021] NSWLEC 1356 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: Valentina Popescu (Applicant)
Roman Tepes (Respondent) Representation: V Popescu, Self-represented (Applicant)
R Tepes, Self-represented (Respondent) File Number(s): 2023/198683 Publication restriction: Nil
Judgment
This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication.
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