Price & anor v Harrison & anor [2013] NSWLEC 1149

Land and Environment Court New South Wales

Medium Neutral Citation: Price & anor v Harrison & anor [2013] NSWLEC 1149 Hearing dates: 13 August 2013 Decision date: 13 August 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application upheld in part; trees to be removed and replaced at applicants' expense Catchwords: TREES [NEIGHBOURS] Damage to property; Hedge - obstruction of sunlight; Consent orders Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Barker v Kryiakides [2007] NSWLEC 292 Hendry & anor v Olsson & anor [2010] NSWLEC 1302 McDougall v Philip [2011] NSWLEC 1280 Robson v Leischke [2008] NSWLEC 152 Category: Principal judgment Parties: Mr S Price & Ms R Ferguson (Applicants) Mr J and Mrs J Harrison (Respondents) Representation: Applicants: Mr S Price & Ms R Ferguson (Litigants in person) Respondents: Mr J and Mrs J Harrison (Litigants in person) File Number(s): 20465 of 2013

Judgment 1COMMISSIONER: This matter concerns four xCupressocyparis leylandii (Leyland Cypress) trees planted at the rear of a property in Mosman. 2The applicants have applied under s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for orders to be made requiring the pruning and subsequent maintenance of the trees to an appropriate height and width. 3During the hearing, in an attempt to resolve the matter, the parties agreed to discuss some options. The parties subsequently proposed consent orders for the removal and replacement of the trees at the respondents' expense. 4Before the Court can make the orders sought by the parties, the Court's jurisdiction to do so must be engaged.