Reed & anor v Mason & anor [2013] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Reed & anor v Mason & anor [2013] NSWLEC 1159 Hearing dates: 15 August 2013 Decision date: 23 August 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Application under Part 2A dismissed. Fence to be repaired and bamboo managed; costs to be shared Catchwords: TREES [NEIGHBOURS] Damage to property; determination under s13A of the Dividing Fences Act 1991; Hedge - obstruction of views Legislation Cited: Civil Procedure Act 2005 Dividing Fences Act 1991 Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Haindl v Daisch [2011] NSWLEC 1145 McDougall v Philip [2011] NSWLEC 1280 Owen & anor v Mason & anor [2011] NSWLEC 1301 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: Mr M and Mrs D Reed (Applicants) Mr C and Mrs S Mason (Respondents) Representation: Counsel Applicants: Mr M Cottom (Solicitor) Respondents: Mr G Fordham (Agent) Solicitors Applicants: HWL Ebsworth Lawyers File Number(s): 20430 of 2013

Judgment 1COMMISSIONER: The applicants in this matter have applied under s7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act) for a range of orders requiring the respondents to carry out a number of actions. 2The application under Part 2 seeks orders for the rectification of a section of dividing fence, allegedly damaged by the respondents' bamboo, and the removal of all portions of bamboo within 100mm of the fence so as to prevent future damage. 3The application under Part 2A concerns obstruction of views of Burraneer Bay. The applicants are seeking orders for the pruning of trees to nominated heights and their subsequent maintenance by the respondents. 4The respondents contend that there is no severe obstruction of views from the applicants' dwelling and that the fence in question is located on the respondents' land and therefore, it is beyond the Court's jurisdiction to make orders for its rectification.