Davidson v Bower [2024] NSWLEC 1463

Land and Environment Court New South Wales

Medium Neutral Citation: Davidson v Bower [2024] NSWLEC 1463 Hearing dates: 12 March 2024 Date of orders: 1 August 2024 Decision date: 01 August 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [41] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – cypress hedge – obstruction of views – whether the trees are planted so as to form a hedge – whether the obstruction is severe – privacy – balancing of interests – orders for pruning Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Swadel v Chissell [2022] NSWLEC 1513 Tenacity Consulting v Waringah (2004) LGERA 23; [2004] NSWLEC 140 Texts Cited: AS4373-2007 Pruning of amenity trees Safe Work Australia, Guide to managing risks of tree trimming and removal work, 2016 Category: Principal judgment Parties: Trent Davidson (Applicant) Phillip Bower (First Respondent) Grace Bower (Second Respondent) Representation: Counsel: T Davidson (Self-represented) (Applicant) M Adamo (Solicitor) (Respondents)

Solicitors: Staunton & Thompson Lawyers (Respondents) File Number(s): 2023/449410 Publication restriction: Nil

Judgment

Background 1. COMMISSIONER: Trent Davidson (the applicant) purchased his Clontarf property in 2018. Soon afterwards, Grace and Phillip Bower (together, the Bowers, or the respondents) purchased the adjoining property to Mr Davidson's south. Mr Davidson's land is a battle-axe property behind the Bowers' property. The land here slopes up to the north, away from the water of Middle Harbour, so that Mr Davidson's dwelling is higher than the Bowers' property, with an extensive outlook to the south that potentially includes water views. 2. In a raised garden bed along the Bowers' northern boundary, being the common boundary shared with Mr Davidson, is a row of mature cypress trees. For some time, Mr Davidson had an agreement with the Bowers regarding the height of these trees, and Mr Davidson, or his gardener, maintained the trees at the agreed height. However, negotiations between the parties broke down in early 2023, and the trees have not been pruned since. Mr Davidson found that the trees grew to obstruct his views.