Howe & Anor v Jinks & Anor [2012] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Howe & Anor v Jinks & Anor [2012] NSWLEC 1142 Hearing dates: 10 May 2012 Decision date: 10 May 2012 Jurisdiction: Class 2 Before: Galwey AC Decision: (1)The application to remove the bamboo under Part 2 of the Act is dismissed. (2)The application to remove the bamboo under Part 2A of the Act is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS): damage to property; obstruction of light; obstruction of views; bamboo; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Hinde v Anderson & anor [2009] NSWLEC 1148 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Marilyn Howe and Walter Howe (Applicants)

Matthew Jinks and Shiona Frame (Respondents) Representation: Marilyn Howe and Walter Howe (Applicants in person)

Matthew Jinks (Respondent in person) File Number(s): 20061 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1ACTING COMMISSIONER: Mr and Mrs Howe are concerned about the consequences of a neighbouring planting of bamboo near the common boundary. In particular, they are concerned that as the bamboo grows it will damage the boundary fence and pipes on their property, and that it will obstruct both sunlight to, and views from, their dwelling. They make this application under Parts 2 and 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act). 2Mr Jinks has only recently planted the bamboo on his property and does not wish to remove it. 3I must determine if the bamboo is likely to cause damage to the applicants' property and, if so, what orders as described by s 9 of the Act would be appropriate. I must also determine if the bamboo is causing a severe obstruction of sunlight or views.