Hardy v Fisher & anor [2013] NSWLEC 1013

Land and Environment Court New South Wales

Medium Neutral Citation: Hardy v Fisher & anor [2013] NSWLEC 1013 Hearing dates: 22 January 2013 Decision date: 22 January 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge: obstruction of sunlight; Damage to property; injury to persons Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Freeman v Dillon [2012] NSWLEC 1057 Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Johnson v Angus [2012] NSWLEC 192 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Wisdom v Payn [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Ms J Hardy (Applicant) Mr S Fisher (First Respondent) Ms S Tate (Second Respondent) Representation: Applicant: Ms J Hardy (Litigant in person) Respondents: Mr S Fisher (Litigant in person) File Number(s): 20964 of 2012

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1COMMISSIONER: The applicant in these proceedings owns a residential unit block in North Haven. She has made an application under s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) against the owners of trees growing on an adjoining property to the north. 2The applicant is concerned that several trees growing relatively close to and overhanging her property could fail (partially or completely) and cause damage to her property or injure anyone on her land. She is also concerned that the trees could catch alight from sparks from a bushfire or be struck by lightning thus potentially causing damage and or injury. 3The applicant also contends that most of the taller trees on the respondents' property are severely blocking sunlight to windows on the northern side of the unit block. 4Since the application was made, the respondents have trimmed some of the smaller trees and have offered to thin or remove some of the larger trees if the applicant pays for the work. The applicant does not wish to pay for this work.