Atkinson v Matherson [2011] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Atkinson v Matherson [2011] NSWLEC 1121 Hearing dates: 11 March 2011 Decision date: 11 March 2011 Jurisdiction: Class 2 Before: Moore SC, Galwey AC Decision: (1)The respondent is to prune all nine Leighton Green trees located along the rear boundary of her property to a point 300 millimetres below the height of the upper side of the kitchen windowsill of the applicant's unit; (2)The respondent is to prune the nine Leighton Green trees, in future, at such intervals as may be necessary, so that the height of those trees does not exceed the height of the upper side of the kitchen window sill on the applicant's property; (3)Pruning in order 1, that is the initial pruning, is to be carried out within sixty days of the date of these orders; (4)Should the respondent seek access to the common property of 88 Wood Street for the purposes of carrying out the pruning in either order 1 or order 2, the applicant is to use her best endeavours to obtain the consent of the body corporate for access for those purposes; and (5)The pruning is to be carried out at the cost to the respondent. Catchwords: Hedge; Severe obstruction of view; severe obstruction of sunlight to a window Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: P. Baer Investments Pty Limited v University of New South Wales [2007] NSWLEC 128 Category: Principal judgment Parties: A Atkinson (Applicant)

C Matherson (Respondent) Representation: A Atkinson (Applicant in person)