Cockinos & anor v Coorey & anor and Cockinos & anor v O'Sullivan [2011] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Cockinos & anor v Coorey & anor and Cockinos & anor v O'Sullivan [2011] NSWLEC 1091 Hearing dates: 18 April 2011 Decision date: 19 April 2011 Jurisdiction: Class 2 Before: Brown C and Fakes C Decision: Appeals upheld Catchwords: TREES [NEIGHBOURS] - hedge; whether trees create severe obstruction of view loss from a window in a dwelling Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Category: Principal judgment Parties: Appeal No 20996 of 2010 APPLICANTS Jack and Francis Cockinos

RESPONDENTS Joseph Coorey and Therese Chalhoub Coorey

Appeal No 21057 of 2010 APPLICANTS Jack and Francis Cockinos

RESPONDENT Geraldine O'Sullivan Representation: APPLICANT Mr F Frazi, Solicitor

RESPONDENTS Mr M Coorey, Solicitor APPLICANT Frazi Lawyers

RESPONDENTS Rigelsford Jensen & Co File Number(s): 20996 of 2010 21057 of 2010

Judgment 1COMMISSIONERS: These are two separate but related applications under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) by the owners of a property in Wisdom Street, South Coogee regarding: trees on two adjoining properties in Alexandria Parade that is claimed obstruct easterly views towards the Pacific Ocean from the dwelling on the applicants' property. The trees are located on two different properties along the eastern boundary and at a lower level than the applicants' property due to the natural topography of the area. 2The applicants' dwelling was inspected on the site view and the locations of the view loss were observed and an understanding of the relationship between these locations and the adjoining properties was made. The respondents' rear yards were also inspected, as were the trees in question, and observations were also made on the relationship between this area and the adjoining property, including the windows identified in the applications. The claim for loss of sunlight was not pressed at the hearing.