NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Ferguson v Horton [2024] NSWLEC 1159 Hearing dates: 30 January 2024 Date of orders: 30 January 2024 Decision date: 30 January 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders are: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedge removed before hearing – do bananas form a hedge – if so, does hedge severely obstruct a view from a dwelling – damage to fence and unreasonable maintenance burden Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2 ss 7, 8, 9, 10, 12 Pt 2A ss 14A, 14B, 14C, 14D, 14E, 14F Trees (Disputes between Neighbours) Regulation 2014, cl 4 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Haindl v Daisch [2011] NSWLEC 1145 Johnson v Angus (2012) 190 LGERA334; [2012] NSWLEC 192 Robinson v Nagle [2021] NSWLEC 1356 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Welsh v Radford [2023] NSWLEC 1095 Wisdom v Payn [2011] NSWLEC 1012 Zarate v Horton [2023] NSWLEC 1375 Category: Principal judgment Parties: Susan Ferguson (Applicant) Anthea Denise Horton (First Respondent) Gary Croydon Horton (Second Respondent) Representation: Counsel: S Ferguson (Self-represented) (Applicant) J Burrell (Solicitor) (Respondents)
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