Guttenberg &anor v Taylor & anor [2013] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Guttenberg &anor v Taylor & anor [2013] NSWLEC 1110 Hearing dates: 21 June 2013 Decision date: 28 June 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of view Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Regulation 2007 Cases Cited: Granthum Holdings Pty Ltd v Miller [2011] NSWLEC 1122 Haindl v Daisch [2011] NSWLEC 1145 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: M & J Guttenberg (Applicants) P & K Taylor (Respondents) Representation: Applicants: M & J Guttenberg (Litigants in person) Respondents: P & K Taylor (Litigants in person) File Number(s): 20306 of 2013

Judgment 1COMMISSIONER: The applicants in this matter contend that bamboo planted on the respondents' property severely obstructs views from their dwelling. They have applied under s14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders for the removal of the bamboo. 2The applicants are also concerned that some recently planted bamboo to the north of the bamboo in question may eventually block views in this direction from their dwelling. 3The respondents do not wish to remove the bamboo as they value the plants for a number of reasons including the privacy it affords their dwelling.

Jurisdictional tests 4In applications made under Part 2A of the Act, there are a number of jurisdictional tests that must be satisfied in order to engage the Court's jurisdiction to make orders under s 14D of the Act.