Walker v Newling [2025] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: Walker v Newling [2025] NSWLEC 1018 Hearing dates: 6 January 2025 Date of orders: 6 January 2025 Decision date: 06 January 2025 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) The respondent is to engage and pay for a suitably qualified and insured horticultural contractor to remove the bamboo along the common boundary shared with the applicants within 60 days of the date of these orders. (3) The respondent is to give the applicants 7 days' notice of the works in Order (2) via registered post. (4) The respondent is to take all reasonable steps required to prevent the bamboo regrowing. (5) If the respondent plants another hedge along the common boundary, it must be of a species that reaches no more than 3 metres in height at maturity and must be maintained at a height no greater than the top of the boundary fence. (6) The exhibits are retained. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedge – bamboo – 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: Sandra Walker (First Applicant) John Walker (Second Applicant) Brad Newling (Respondent) Representation: S Walker (Self-represented) (First Applicant) J Walker (Self-represented) (Second Applicant) B Newling (Self-represented) (Respondent) File Number(s): 2024/403813 Publication restriction: Nil