Wiseman & anor v Van Ede & anor [2016] NSWLEC 1643

Land and Environment Court New South Wales

Medium Neutral Citation: Wiseman & anor v Van Ede & anor [2016] NSWLEC 1643 Hearing dates: 21 December 2016 Date of orders: 21 December 2016 Decision date: 21 December 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; obstruction of views; applicants made reasonable effort; view obstruction not severe; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Smyth v Hayim [2012] NSWLEC 1318 Category: Principal judgment Parties: Richard Wiseman (First Applicant) Sally Wiseman (Second Applicant) Harry Van Ede (First Respondent) Beryl Van Ede (Second Respondent) Representation: Richard and Sally Wiseman, litigants in person (Applicants) Keith and Lorraine Kelly, agents (Respondents) File Number(s): 254226 of 2016

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Background 1. In a semi-rural setting a short drive from the township of Berry, the Wisemans ('the applicants') have owned and lived at their property for approximately nine years. They have applied to the Court, pursuant to Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for a neighbouring hedge of Cypress trees to be pruned to restore their views. Their neighbours, the Van Edes ('the respondents'), dispute the extent to which their trees obstruct views and do not wish to prune the trees.