NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Feng v Catsanos [2024] NSWLEC 1712 Hearing dates: 18 October 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is refused. (2) 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 Cases Cited: Drewett v Best [2010] NSWLEC 1305 Texts Cited: Canterbury-Bankstown Development Control Plan 2023 Category: Principal judgment Parties: Chongchun Feng (Applicant) Merrelyn Ann Catsanos (Respondent) Representation: Counsel: C Feng (Self-represented) (Applicant) R Size (Respondent)
Solicitors: Speiser Lawyers (Respondent) File Number(s): 2024/286331 Publication restriction: Nil
Judgment
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.
Background 1. COMMISSIONER: Chongchun Feng (the applicant) has 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 or removed to remedy an obstruction of sunlight. Merrelyn Catsanos (the respondent) values the privacy provided by her trees and disputes that the trees cause a severe sunlight obstruction.
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