Johnson v Angus [2012] NSWLEC 192

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson v Angus [2012] NSWLEC 192 Hearing dates: 10 August 2012 Decision date: 17 August 2012 Jurisdiction: Class 2 Before: Preston CJ Decision: The Court orders that the summons is dismissed. Catchwords: APPEAL - s 56A(1) appeal against commissioner's decision - application under Part 2A of Trees (Disputes Between Neighbours) Act 2006 to remove and prune trees claimed to form a hedge that severely obstructs views - Part 2A only applies to trees satisfying s 14A(1)(a) that are planted so as to form a hedge - commissioner found a turpentine tree was neither planted nor planted so as to form a hedge - appeal on questions of law - meaning of words and phrases in s 14A(1) - 'planted', 'trees that are planted' and 'so as to form a hedge' - commissioner did not err in interpretation of words and phrases - commissioner's inference of fact that tree more likely self-sown not planted - not established that no evidence for inference - not established that commissioner erred in finding no jurisdiction to make orders concerning the tree Legislation Cited: Land and Environment Court Act 1979 s 56A Trees (Disputes Between Neighbours) Act 2006 s 14A Cases Cited: Coles v Woollahra Municipal Council (1986) 59 LGRA 133 Johnson v Angus [2012] NSWLEC 1207 Tesoriero v Leichhardt Municipal Council (1983) 51 LGRA 46 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Category: Principal judgment Parties: Anthony Walter Johnson (First Appellant) Pauline Margaret Neville (Second Appellant) Lynne Patricia Parsons (Third Appellant)