Freckleton v Carrington [2024] NSWLEC 1849

Land and Environment Court New South Wales

Medium Neutral Citation: Freckleton v Carrington [2024] NSWLEC 1849 Hearing dates: 13 December 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The Pt 2 application is refused. (2) The Pt 2A application is refused. (3) The exhibits are returned other than Exhibit A. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – whether trees have damaged or are likely to damage property – Pt 2A application – neighbouring hedge – bamboo – obstruction of views and sunlight – whether the obstruction is severe Legislation Cited: Trees (Disputes Between Neighbours) Act 2006, Pt 2, ss 7, 9, 10; Pt 2A, ss 14A, 14B, 14D, 14E, 14F Cases Cited: Smyth v Hayim [2012] NSWLEC 1318 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Anthony Freckleton (Applicant) Genevieve Carrington (Respondent) Representation: Counsel: A Freckleton (Self-represented) (Applicant) E Young (Respondent)

Solicitors: Antcliffe Scott Pty Ltd (Respondent) File Number(s): 2024/327918 Publication restriction: Nil

Judgment

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

Background 1. COMMISSIONER: Anthony Freckleton and Genevieve Carrington are neighbours on the upper slopes of Balgowlah Heights. Both properties face east towards North Harbour and Manly. Ms Carrington has two rows of bamboo in her front garden near the common boundary dividing their properties. Mr Freckleton claims the bamboo obstructs, or will obstruct, views from his dwelling, and will damage his property. 2. The final hearing in these proceedings took place onsite, allowing the Court to inspect the trees, both properties and all relevant issues. Mr Freckleton was self-represented; Mr Young, of Counsel, represented Ms Carrington.