Wisdom v Payn [2011] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: Wisdom v Payn [2011] NSWLEC 1012 Hearing dates: 17 January 2011 Decision date: 01 February 2011 Jurisdiction: Class 2 Before: Moore SC; Hewett AC Decision: Application dismissed Catchwords: TREES (NEIGHBOURS) - is the likelihood of injury to a person falling from a ladder when trying to prune a vine a likelihood caused by the vine; is the height test in s 14A(1)(b) to be applied to some future anticipated height of a tree; is the test of what forms a hedge subjective or subject to identifiable indicators; can creation of a view of vegetation that might predominantly be of various weed species warrant an order under Part 2A of the Trees Act; can a person who planted a tree and then subdivided the land - selling the allotment upon which the tree is located - subsequently complain that the tree severely obstructs his view. Legislation Cited: Interpretation Act 1987 Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Amendment Bill 2010 Trees (Disputes Between Neighbours) Regulation 2007 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Robson v Leischke [2008] NSWLEC 152; (2008) 72 NSWLR 98; (2008) 159 LGERA 280 Tenacity Consulting v Warringah [2004] NSWLEC 140 Category: Principal judgment Parties: C & B Wisdom (Applicants) J & S Payn (Respondents) Representation: Mr J Hannaford, Hannaford Lawyers (Applicants) Ms A Johnstone, Thomsons Lawyers (Respondents) File Number(s): 20750 of 2010