Britten v Smith [2024] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Britten v Smith [2024] NSWLEC 1458 Hearing dates: 28 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 2 Before: Douglas AC Decision: The Court orders: (1) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – Review of the Trees Act – trees severely obstructing sunlight before applicants' occupation – other causes of sunlight obstruction Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14E, 14F Trees (Disputes between Neighbours) Regulation 2019, s 4 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Byrne v Davies [2024] NSWLEC 1295 Grantham Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Lee v Stapleton [2022] NSWLEC 1430 Texts Cited: NSW Justice & Attorney General's Department 'Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW)' (November 2009) Category: Principal judgment Parties: Jonathan Britten (First Applicant) Zoye Britten (Second Applicant) Don Smith (First Respondent) Wendy Smith (Second Respondent) Max Osbourne (Third Respondent) Representation: J Britten (Self represented) (First Applicant) Z Britten (Self represented) (Second Applicant) D Smith (Self represented) (First Respondent) W Smith (Self represented) (Second Respondent) M Osbourne (Self represented) (Third Respondent) File Number(s): 2024/35110 Publication restriction: Nil