Sader v Hunt [2025] NSWLEC 1026

Land and Environment Court New South Wales

Medium Neutral Citation: Sader v Hunt [2025] NSWLEC 1026 Hearing dates: 15 January 2025 Date of orders: 20 January 2025 Decision date: 20 January 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The application is dismissed. Catchwords: TREES (Disputes between neighbours): whether reasonable effort made – whether obstruction is severe – whether powers of the Court enlivened Legislation Cited: Trees (Disputes between Neighbours) Act 2006, Pt 2A, ss 14A, 14B, 14C, 14D, 14E, 14F Cases Cited: Robson v Leischke (2008) 72 NSWLR 98; [2008] NSWLEC 152. Tenacity Consulting v Warringah Shire Council (2004) 134 LEGRA 23; [2004] NSWLEC 140 Category: Principal judgment Parties: Nathalie Sader (Applicant) Nathan Hunt (Respondent 1) Andrea Hunt (Respondent 2) Representation: Counsel: B Gallifuoco (Applicant) J Hunt (Agent)

Solicitors: Sage Solicitors (Applicant) J Hunt (Agent) File Number(s): 2024/412460 Publication restriction: Nil

Judgment 1. COMMISSIONER: An application has been made under Part 2A of the Trees (Disputes between Neighbours) Act 2006 (Trees Act), seeking orders for the removal of trees on a property in the southern Sydney suburb of Illawong. 2. The applicant, Ms Sader, believes three groups of trees at No 8 Peru Place obstruct either sunlight or views, or both sunlight and views, from various locations around her property at No 7 Peru Place, Illawong. 3. It is helpful to briefly describe the houses in Peru Place are set high on steeply sloping terrain, with views generally to the west and north to the Georges River and beyond. The Applicant's property overlooks an adjoining property at 8 Peru Place, on which the trees are located. 4. The grouping of the trees on No 8 Peru Place is useful to set out here as follows: 1. Group 1: A murraya hedge planted along the south western boundary of the shared boundary. 2. Group 2: A large clump of vegetation identified as Bamboo Palm and Bamboo, also planted along the south western boundary of the shared boundary. 3. Group 3: A hedge comprising Cupressus and bamboo planted along the eastern boundary of the adjoining land at No 8 Peru Place. 1. Ms Sader seeks orders as follows: 1. Within 30 days of the date of the date of these orders, the respondents, at their expense, shall prune and thereafter maintain the hedges as follows: a. The Murraya hedge on the south western boundary of 8 Peru Place, Illawong is to be pruned to a height of 2.5m; b. In respect of the hedge comprising Bamboo and Palms along the southern boundary of 8 Peru Place, Illawong: i. The Bamboo is to be pruned to a height of 2.5m; and ii.The Palms are to be sufficiently thinned to provide solar access to 7 Peru Place, Illawong; and c. The hedge, comprising Cupressus and other species, located on the eastern boundary of 8 Peru Place, Illawong is to be pruned to a height of 2.5m 2.The pruning works in Order 1 AQF Level 3 qualified arborists or qualified horticulturalists (the contractor), with all appropriate insurances. 3. Should access be required to the applicant's property to undertakr these pruning works, the applicant shall grant all reasonable access upon receipt of at least 72 hours emailed notice from the respondent's along with a copy of the Contractors insurance Certificates of Currency. 4. Should any of the hedges be replace in future, any alternative planting shall be maintained at or not exceeding the heights set out in Order 1. 5. All pruning works shall comply with the Safe Work Australia Guide to Managing Risks of Tree Trimming and Removal Works, 2016 and shall be undertaken during reasonable daytime working hours. 6. Such further or other orders as the Court sees fit. 1. That said, during the hearing, the Applicant amended the application before the Court in two respects: 1. Firstly, the Applicant does not press for any orders in respect of Group 1. 2. Secondly, while a diagram identifying the stand of trees in Group 3 (Exhibit B) suggest it comprises the Cupressus hedge to the east of a pool cabana, and bamboo to the south of that, the Applicant also seeks to extend Group 3 to include the bamboo to the north of the pool cabana. 1. The proceedings commenced onsite. The Court was first taken to certain viewpoints on the ground and first floor of No 7 Peru Place, after which the Court was taken to the private open space of No 8 Peru Place.