Cavalier v Young [2011] NSWLEC 1080

Land and Environment Court New South Wales

Medium Neutral Citation: Cavalier v Young [2011] NSWLEC 1080 Hearing dates: 4 April 2011 Decision date: 04 April 2011 Jurisdiction: Class 3 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS]; Hedge; obstruction of sunlight; adjoining land; what constitutes a hedge. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Robson v Leischke [2008] NSWLEC 152 Salisbury v Harrison & anor [2011] NSWLEC 1069 Wisdom v Payne [2011] NSWLEC 1012 Category: Principal judgment Parties: Mr J Cavalier (Applicant) Mrs P Young (Respondent) File Number(s): 20958 of 2010

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1This is an application pursuant to s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by the owner of a property in Abercrombie Street West Wollongong against the owner of trees growing on a property in Valetta St. 2The applicant is seeking the pruning of a number of trees to a height approximately half their current size. These orders are sought on the basis that the trees severely obstruct sunlight to 4 windows of a sunroom at the rear of the applicant's dwelling. The applicant contends the obstruction is severe during autumn and winter afternoons. 3The respondent does not want the trees pruned as she value the amenity of what she describes as her "small piece of bushland". The trees were planted about 15 years ago.