Summers v Kumar [2019] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Summers v Kumar [2019] NSWLEC 1041 Hearing dates: 20 December 2018 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: See orders at [56] Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2 – damage to driveway – compensation – has causation been shown – Part 2A – cypress hedge – obstruction of views – severity of obstruction – can trees be pruned to restore views Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Difford v Davidson [2018] NSWLEC 1612 Ingham v Pettigrew [2016] NSWLEC 1002 Price & anor v Harrison & anor [2013] NSWLEC 1149 Category: Principal judgment Parties: Warwick Summers (Applicant) Senthil Kumar (First Respondent) Poornasita Kumar (Second Respondent) Representation: Solicitors: J Wilson, Baker Love Lawyers (Applicant)

Other: S & P Kumar, litigants in person (Respondents) File Number(s): 2018/195518 Publication restriction: No

Judgment

Background 1. Lambton Heights, as the name of this Newcastle suburb suggests, covers high ground with broad views of the surrounding landscape. When they purchased their property in 1985, the Summers enjoyed views of the surrounding landscape to the northeast, with partial views of the centre of Newcastle and beyond to the coast. 2. To the east of the Summers, their neighbours planted a row of cypress trees next to their common boundary. Poornasita and Senthil Kumar ('the respondents' in this matter) purchased that property in 2014. Warwick Summers ('the applicant') asked the Kumars, without success, to remove the trees after he noticed cracks in his driveway near the trees. He applied to the Court seeking orders for tree removal or pruning, pursuant to both s 7 (Part 2) and s 14B (Part 2A) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act').