O’Connor v Kerr [2015] NSWLEC 1285

Land and Environment Court New South Wales

Medium Neutral Citation: O'Connor v Kerr [2015] NSWLEC 1285 Hearing dates: 29 July 2015 Date of orders: 29 July 2015 Decision date: 29 July 2015 Jurisdiction: Class 2 Before: Fakes C Decision: Application dismissed Catchwords: TREES [NEIGHBOURS] Future damage; Hedge – possible obstruction of sunlight Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Deville & anor v Frith & anor [2014] NSWLEC 1002 Hinde v Anderson & anor [2009] NSWLEC 1148 Johnson v Angus [2012] NSWLEC 192 McCallum v Riodan & anor [2011] NSWLEC 1009 Robson v Leischke [2008] NSWLEC 152 Smith & Hannaford v Zhang & Zhou [2011] NSWLEC 29 Wisdom v Payn [2011] NSWLEC 1012 Yang v Scerri [2007] NSWLEC 592 Zangari v Miller (No 2) [2010] NSWLEC 1093 Category: Principal judgment Parties: Mr R O'Connor (Applicant) Ms N Kerr (Respondent) Representation: Applicant: Mr R O'Connor (Litigant in person) Respondent: Ms P Wright (Solicitor)

Solicitors: Respondent: PJ Donnellan & Co Solicitors File Number(s): 20436 of 2015

Judgment 1. COMMISSIONER: The applicant owns a property in Wyoming in the Gosford local government area. He has applied under both s 7 Part 2 and s 14B Part 2A of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act) for orders for either the removal or pruning of trees growing on an adjoining property. 2. The orders are sought on the basis of future damage the trees may cause and obstruction of sunlight. 3. The trees in question comprise seven Pyrus calleryana 'Capital' (Ornamental Pear) (Trees 1, 2, 4, 5, 6, 7, 8) planted in February 2015, a Ligustrum lucidum (Broadleaf Privet) (T3), and a Murraya paniculata (Orange Jessamine) (T9). 4. The trees are growing along the southern boundary of the respondent's property along the dividing fence between the parties' properties.