Lynch v Singleton [2018] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Lynch v Singleton [2018] NSWLEC 1008 Hearing dates: 3 January 2018 Date of orders: 03 January 2018 Decision date: 03 January 2018 Jurisdiction: Class 2 Before: Brown C and Douglas AC Decision: 1. The appeal is upheld. 2. The respondent is to prune the hedge to a height of 3.5m above ground level between 1 March and 15 March each year. Catchwords: TREES [NEIGHBOURS] : hedge; obstruction of sunlight; loss of views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 Trees (Disputes Between Neighbours) Regulation 2007 Cases Cited: Barker v Kyriakides[2007] NSWLEC 29 Category: Principal judgment Parties: Mr Terrance Lynch (Applicant) Mr Justin Singleton (Respondent) Representation: Counsel: Mr T Lynch (Litigant in Person) (Applicant) Mr G Long, solicitor, Long Legal Pty Ltd (Respondent) File Number(s): 2017/342554 Publication restriction: No

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONERS: The applicant and his wife have owned the dwelling at 18 Pulver Street Hamilton South since 2008. The respondents' property at 248 Lawson Street shares a partial common boundary with 18 Pulver Street. The respondents have planted a row of seven lilli pilli (Syzygium luehmannii) (the trees) along that part of the shared common boundary. The height of the trees is currently around 5.5m to 6m although the height was around 2m in 2008. The trees exhibit fair to good health and vitality. A solid masonry wall of some 2.3m in height is located on the common boundary adjoining the trees.