Fryday v The Owners – Strata Plan No 15039 [2019] NSWLEC 1150

Land and Environment Court New South Wales

Medium Neutral Citation: Fryday v The Owners – Strata Plan No 15039 [2019] NSWLEC 1150 Hearing dates: 13 March 2019 Date of orders: 01 April 2019 Decision date: 01 April 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: (1) Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW), respondents 1–5 listed on the application (P Richter, V Richter, J Baker, S Scott and R Jopling) are removed as parties to this matter, leaving The Owners – Strata Plan No 15039 as the only respondents.

(2) The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2 application – damage to property – sewer – Part 2A application – whether the trees form a hedge – severity of sunlight obstruction – severity of view obstruction – whether views and sunlight were previously available to the applicant Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Coleman & anor v Leddy & anor [2013] NSWLEC 1094 Holland v Bell [2017] NSWLEC 1322 Johnson v Angus [2012] NSWLEC 192 Lord v Grech; Brooke v Grech [2015] NSWLEC 1190 McDougall v Philip [2011] NSWLEC 1280 Price & anor v Harrison & anor [2013] NSWLEC 1149 Summers v Kumar [2019] NSWLEC 1041 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (2009) Category: Principal judgment Parties: Mark Fryday (Applicant) The Owners – Strata Plan No 15039 (Respondents) Representation: M Fryday, litigant in person (Applicant) P Richter, agent (Respondents) File Number(s): 2018/307449 Publication restriction: No