Simpson v The Owners Strata Plan No 30419 [2013] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Simpson v The Owners Strata Plan No 30419 [2013] NSWLEC 1102 Hearing dates: 20 June 2013 Decision date: 20 June 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld. (2) By 11 October 2013 the respondent is to remove, at its expense, the six 'Leighton Green' Cypress trees identified as Trees T1 - T6 (on the diagram attached to the application) which are located adjacent to the northern boundary in the front yard area of the respondent's property at 12 Billyard Avenue, Elizabeth Bay. (3) Trees planted by the respondent to replace the six 'Leighton Green' Cypress trees are to be of a species capable of being maintained at a maximum height no greater than 2.7 metres above the footpath level adjacent to the northwest corner of the respondent's property. (4) Thereafter, the respondent is to maintain, at its expense, the replacement trees at a maximum height no greater than 2.7 metres above the footpath level adjacent to the northwest corner of the respondent's property. Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views; application upheld; consent orders. 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: Andrea Simpson (Applicant)

The Owners Strata Plan No 30419 (Respondent) Representation: APPLICANT Andrea Simpson (Litigant in person)

RESPONDENT Susan Hill (Solicitor) Susan Hill & Associates Lawyers File Number(s): 20236 of 2013