Unsworth v Hennessy [2024] NSWLEC 82

Land and Environment Court New South Wales

Medium Neutral Citation: Unsworth v Hennessy [2024] NSWLEC 82 Hearing dates: 1 August 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Class 2 Before: Preston CJ Decision: (1) The appeal is dismissed. (2) The appellant is to pay the respondent's costs of the appeal. Catchwords: TREE DISPUTE – Appeal against Commissioner's decision – trees severely obstructing view from dwelling on adjoining land – trees pruned before hearing – state of trees to be assessed – whether assessment of degree of obstruction limited to state of trees on day of hearing – whether likely state of trees and obstruction can be assessed – order to prune all trees in hedge – whether order should be limited to trees causing severe obstruction – whether procedural fairness denied Legislation Cited: Land and Environment Court Act 1979 (NSW), s 56A Trees (Disputes Between Neighbours) Act 2006 (NSW), ss 14A, 14B, 14D, 14E, 14F Cases Cited: Lee v New South Wales Crime Commission (2013) 251 CLR 310; [2013] HCA 39 Rodny v Weisbord [2024] NSWCA 183 Steber v Job [2019] NSWLEC 1308 Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: Amanda Unsworth (Appellant) Lucy Hennessy (Respondent) Representation: Counsel: S Free SC and R Coffey (Appellant) R Lancaster SC and L Sims (Respondent)

Solicitors: Unsworth Legal (Appellant) File Number(s): 2024/18327 Publication restriction: NIL Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 2 Citation: [2023] NSWLEC 1773 Date of Decision: 20 December 2023 Before: Galwey AC File Number(s): 2023/133871