Atkins v Graham [2024] NSWLEC 1372

Land and Environment Court New South Wales

Medium Neutral Citation: Atkins v Graham [2024] NSWLEC 1372 Hearing dates: 24 June 2024 Date of orders: 24 June 2024 Decision date: 24 June 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Part 2 application is refused. (2) The Part 2A application is refused. (3) The exhibits are returned, other than exhibits A, B and C. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – whether the trees have caused damage – Pt 2 application refused – Pt 2A application – neighbouring bamboo hedges – obstruction of sunlight – res judicata – whether the situation has changed – whether the obstruction is severe – Pt 2A application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, Pt 2A, ss 14B, 14E, 14F Cases Cited: Atkins v Fera [2020] NSWLEC 1615 Barker v Kyriakides [2007] NSWLEC 292 Hendry v Olsson [2010] NSWLEC 1302 Hinde v Anderson and anor [2009] NSWLEC 1148 Texts Cited: Georges River Development Control Plan 2021 Category: Principal judgment Parties: Robert Atkins (Applicant) Matthew Graham (First Respondent) Bianca Fera (Second Respondent) Representation: Counsel: S Hanscomb (Applicant) M Graham (Self-represented) (First Respondent) B Fera (Self-represented) (Second Respondent)