NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Byrne v Davies [2024] NSWLEC 1295 Hearing dates: 19 February 2024 Date of orders: 04 June 2024 Decision date: 04 June 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): high hedges – severe obstruction of views claimed –respondent's privacy important – obstruction of views is not severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F Cases Cited: Barstow v Ainsworth [2023] NSWLEC 1442 Drummond v Malicki [2019] NSWLEC 1348 Haindl v Daisch [2011] NSWLEC 1145 McDougall v Philip [2011] NSWLEC 1280 Steber v Job [2019] NSWLEC 1308 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Tooth v McCombie [2011] NSWLEC 1004 Wein v Reeves [2022] NSWLEC 1019 Welsh v Radford [2023] NSWLEC 1095 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Annotated Trees (Disputes between Neighbours) Act 2006, 2013 NSW Department of Justice and Attorney General, Review of the Trees (Disputes Between Neighbours) Act 2006, November 2009 Category: Principal judgment Parties: Conor Michael Byrne (Applicant) Susan Davies (Respondent) Representation: Counsel: N Hammond (Applicant) C Koikas (Respondent)
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