Mannix v Matthews [2024] NSWLEC 1698

Land and Environment Court New South Wales

Medium Neutral Citation: Mannix v Matthews [2024] NSWLEC 1698 Hearing dates: 16 October 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The respondents names are corrected to Charles Matthews and Carol Matthews. (2) The application is refused. (3) The exhibits are returned other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – neighbouring hedge – obstruction of sunlight – whether the obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14D, 14E, 14F Category: Principal judgment Parties: Raymond Mannix (First Applicant) Linda Mannix (Second Applicant) Charles Matthews (First Respondent) Carol Matthews (Second Respondent) Representation: Counsel: R Mannix (Self-represented) (First Applicant) L Mannix (Self-represented) (Second Applicant) C Matthews (Self-represented) (First Respondent) S Matthews (Agent) (Second Respondent) File Number(s): 2024/285916 Publication restriction: Nil

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. COMMISSIONER: Raymond and Linda Mannix (the applicants) have applied to the Court pursuant to s 14B in Pt 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for trees in a neighbouring hedge to be pruned to remedy an obstruction of sunlight. Charles and Carol Matthews (the respondents) dispute that their trees cause a severe sunlight obstruction. 2. The Matthews' surname was spelt incorrectly in the application and on the Court's record. An order is made to correct the spelling of their surname.