Van Zwieten & anor v Radge & anor [2013] NSWLEC 1250

Land and Environment Court New South Wales

Medium Neutral Citation: Van Zwieten & anor v Radge & anor [2013] NSWLEC 1250 Hearing dates: 19 December 2013 Decision date: 19 December 2013 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld in part. (2) Trees 1 and 2 are to be removed by the respondents within 60 days of the date of these orders. (3) Beginning 2014 the respondents are to prune or engage a suitably qualified horticulturist or arborist to prune trees 3-8 and 13-17 to a height of no more than 2.4 metres (measured above ground level along the boundary fence) annually within 2 weeks either side of the autumn equinox. (4) Beginning 2014 the respondents are to prune or engage a suitably qualified horticulturist or arborist to prune trees 9-12 to a height of no more than 4 metres (measured above ground level along the boundary fence) annually within 2 weeks either side of the autumn equinox. (5) The applicants are to provide all access for cleaning up debris from the works in (3) & (4) during reasonable hours of the day, on reasonable notice from the respondents. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; obstruction of sunlight; damage; removal of some trees ordered; pruning of some trees ordered. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Johnson v Angus [2012] NSWLEC 192 Robson v Leischke [2008] NSWLEC 152; (2008) LGERA 280 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Wisdom v Payn [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: APPLICANTS Maria Van Zwieten Terry Van Zwieten