Williams v Brown [2024] NSWLEC 1093

Land and Environment Court New South Wales

Medium Neutral Citation: Williams v Brown [2024] NSWLEC 1093 Hearing dates: 27 September 2023 Date of orders: 05 March 2024 Decision date: 05 March 2024 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 prune, or pay for a suitably qualified contractor to prune, all bamboo along the boundaries around their rear garden, so that the bamboo is no more than half a metre above the top of the fence at the north-western corner of the garden. To the south and east of this, they may maintain this level for the remainder of the hedge, or continue at half a metre above the fence as it extends downslope. (3) The exhibits are returned, except for Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – bamboo – obstruction of views – whether the obstruction is severe – privacy – whether the bamboo should be pruned or removed – whether a root barrier should be installed 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: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Macfadyen v Daley [2023] NSWLEC 1751 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Waringah (2004) LGERA 23; [2004] NSWLEC 140 Zarate v Horton [2023] NSWLEC 1375 Category: Principal judgment Parties: Richard Williams (Applicant) Danielle Sandra Brown (First Respondent) Nicholas John Hartley (Second Respondent) Representation: Counsel: N Hammond (Applicant) D Brown (Self-represented) (First Respondent) N Hartley (Self-represented) (Second Respondent)