Meagher v Carroll & anor [2016] NSWLEC 1644

Land and Environment Court New South Wales

Medium Neutral Citation: Meagher v Carroll & anor [2016] NSWLEC 1644 Hearing dates: 22 December 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is dismissed. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS); hedge; obstruction of views; view obstruction not severe at the time of the hearing; application dismissed. Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Cases Cited: Hinde v Anderson & anor [2009] NSWLEC 1148 Johnson v Angus [2012] NSWLEC 192 Tooth v McCombie [2011] NSWLEC 1004 Category: Principal judgment Parties: John Meagher (Applicant) Greg Carroll (First Respondent) Julie Carroll (Second Respondent) Representation: John Meagher, litigant in person (Applicant) Julie Carroll, litigant in person (Respondents) File Number(s): 233648 of 2016

Judgment

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

Background 1. Mr Meagher ('the applicant') has lived at his Church Point dwelling for around three years. He has pleasant views of Pittwater to the east. Downslope, along the common boundary, his neighbours the Carrolls ('the respondents') have trees along their boundary that provide privacy. The Carrolls have lived here for around 25 years. 2. Mr Meagher has applied to the Court under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 ('the Trees Act'), seeking orders for the trees to be removed and for screening plants to be planted on his property so that he can maintain them. Failing that, he wants the trees pruned and maintained at a height that would allow him his views while maintaining the Carrolls' privacy. 3. The trees are eight cypress trees and one date palm. The cypress trees have been pruned in the past. The palm has had its lower fronds removed. Ms Carroll says the palm was there when they moved in to their property. She planted the cypress trees about 22 years ago.