Dunn-Mukawa v Naylor [2024] NSWLEC 1520

Land and Environment Court New South Wales

Medium Neutral Citation: Dunn-Mukawa v Naylor [2024] NSWLEC 1520 Hearing dates: 21 August 2024 Date of orders: 21 August 2024 Decision date: 21 August 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 exhibit A. 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 hedge – not all trees are part of the hedge – obstruction of sunlight and views – whether the obstruction is severe – relevant history – balancing of interests – Pt 2A application refused Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 10, Pt 2A, ss 14A, 14B, 14E, 14F Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Texts Cited: Coffs Harbour Development Control Plan 2015 Category: Principal judgment Parties: Joanne Dunn-Mukawa (First Applicant) Osamu Mukawa (Second Applicant) Ron Naylor (First Respondent) Merle Naylor (Second Respondent) Representation: Counsel: J Dunn-Mukawa (Self-represented) (First Applicant) O Mukawa (Self-represented) (Second Applicant) R Naylor (Self-represented) (First Respondent) M Naylor (Self-represented) (Second Respondent) File Number(s): 2024/186232 Publication restriction: No