NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: MacCulloch & anor v Hutchinson & anor [2014] NSWLEC 1022 Hearing dates: 5 December 2013 Decision date: 13 February 2014 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) The application is upheld in part. (2) Beginning 2014, each and every year during the month of April the respondents are to organise and pay for a suitably qualified horticulturist or arborist, with appropriate insurance, to prune the row of 14 Leyland Cypress trees as follows: i. T2 to T5 to an average height of 3 metres, measured at the centre of this section; ii. T6 to T10 to an average height of 3 metres, measured at the centre of this section; iii. T11 to T15 to an average height of 3.5 metres, measured at the centre of this section; and iv. any branches and foliage overhanging the common boundary. (3) The respondents are to give the applicants two weeks' notice of the works in (2). (4) The applicants are to allow all access necessary for the works in (2) during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; obstruction of sunlight; pruning ordered Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: APPLICANTS Ian MacCulloch and Rhoda MacCulloch
RESPONDENTS Frank Hutchinson (First Respondent) Moira Hutchinson (Second Respondent) Representation: RESPONDENTS Martin Hadley APPLICANTS John Comino Comino Prassas Solicitors
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