Bentley & anor v Symonds & anor; Ghenzer & ors v Symonds & anor [2011] NSWLEC 1336

Land and Environment Court New South Wales

Medium Neutral Citation: Bentley & anor v Symonds & anor; Ghenzer & ors v Symonds & anor [2011] NSWLEC 1336 Hearing dates: 23 November 2011 Decision date: 23 November 2011 Jurisdiction: Class 2 Before: Fakes C Decision: Applications dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views and sunlight; what constitutes a hedge; ambient light is not sunlight; Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Wisdom v Payn [2011] NSWLEC 1012 McLaren v Lewis [2011] NSWLEC 1170 Drewett v Best [2010] NSWLEC 1305 Category: Principal judgment Parties: D and S Bentley (Applicants - first matter) C, N and G Ghenzer (Applicants - second matter) S and R Symonds (Respondents - both matters) Representation: Applicants: Mr D Bentley (Litigant in person - first matter; agent - second matter) Respondents: Mr S Symonds (Litigant in person - both matters) File Number(s): 10921 of 2011; 10925 of 2011

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: These are two applications pursuant to s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) made by two owners of properties in the same unit block against the owners of trees growing on an adjoining property in Mosman. The applications are made on the basis of obstruction of sunlight to windows of the dwellings and to views from the dwellings. 2The applicants are seeking orders for pruning or removal of two Harpephyllum caffrum (Kaffir Plum) trees, identified as T2 and T3 in the applications; and the selective pruning of T4, a mature Camphor Laurel, T5, a tree noted as a Linden but identified on site as a Celtis sp (possibly C. occidentalis (Hackberry)), and T6 a Jacaranda. Tree 1 on the plan is a Camphor Laurel to the north of the Kaffir Plums, however no orders are sought with respect to this tree.