Armstrong v Delahunt & anor; McShane v Delahunt & anor [2013] NSWLEC 1226

Land and Environment Court New South Wales

Medium Neutral Citation: Armstrong v Delahunt & anor; McShane v Delahunt & anor [2013] NSWLEC 1226 Hearing dates: 20 November 2013 Decision date: 27 November 2013 Jurisdiction: Class 2 Before: Fakes C Decision: Applications dismissed Catchwords: TREES [NEIGHBOURS] Hedge; obstruction of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Bowden & anor v Grayson & anor [2013] NSWLEC 1161 Coleman & anor v Leddy & anor [2013] NSWLEC 1094 Johnson v Angus [2012] NSWLEC 192 Tenacity Consulting v Warringah Shire Council [2004] NSWLEC 140 Category: Principal judgment Parties: 13/20624: Ms S Armstrong (Applicant) 13/20625 Mr J McShane (Applicant) Mr R Delahunt (First respondent both matters) Ms J Delahunt (Second respondent both matters) Representation: Applicants both matters: Mr T Flaherty (Barrister) First Respondent: Mr G Christmas (Solicitor) Solicitors First Respondent: Apex Law File Number(s): 20624 of 2013 20625 of 2013

Judgment 1The applicants in these two proceedings own adjoining properties in Balgowlah Heights. They have applied under s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Act) for orders seeking, amongst other things, the removal and or pruning of a number of trees growing on the adjoining property to the west. 2The applications are made on the basis that trees on the respondents' property severely obstruct views of Middle Harbour from both applicant's dwellings. 3The matters were heard concurrently and commenced with an inspection of the trees from the respondents' property. 4In applications under Part 2A there are a number of jurisdictional tests that must be satisfied sequentially.