Kennedy v Scaysbrook [2018] NSWLEC 1456

Land and Environment Court New South Wales

Medium Neutral Citation: Kennedy v Scaysbrook [2018] NSWLEC 1456 Hearing dates: 21 August 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Within 30 days of the date of these orders, the respondents are to engage and pay for suitably experienced arborists or horticulturalists (minimum AQF level 3), with all appropriate insurances to prune each of the eight trees in the hedge to a height of no more than 3.2 metres above ground level, measured from the base of each tree. (2) The respondents are to give the applicant 7 days' notice of the works. (3) The applicant is to allow all access necessary for the works during reasonable hours of the day. (4) During September every year beginning 2019, the respondents are to engage and pay for suitably experienced arborists or horticulturalists (minimum AQF level 3), with all appropriate insurances to prune each of the eight trees in the hedge to a height of no more than 3.5 metres above ground level, measured from the base of each tree. (5) Each year the respondents are to give the applicant 7 days' notice of the works. (6) Each year the applicant is to allow all access necessary for the works during reasonable hours of the day. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – obstruction of views – privacy Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Brett Kennedy (Applicant) Jennifer Scaysbrook (First Respondent) Daniel Scaysbrook (Second Respondent) Representation: B Kennedy, litigant in person (Applicant) J and D Scaysbrook, litigants in person (Respondents) File Number(s): 2018/128879 Publication restriction: No