Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Moss v Taylor; Morgan v Taylor; Toisuta v Taylor; Slim v Taylor [2019] NSWLEC 1215 Hearing dates: 2 April 2019; Notice of Motion on 3 May 2019 (Moss v Taylor only) Date of orders: 13 May 2019 Decision date: 13 May 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders:

Proceedings 2018/361256: The application is refused.

Proceedings 2018/361296; 2018/361328; 2019/24260 (1) The application is granted. (2) Within 30 days of the date of these orders, and then in May and November of each year (including November 2019), the respondents are to engage a suitably qualified and insured contractor to prune the hedge, being all Murraya planted along their south-eastern boundary, to a height no greater than 30 cm above the top of the boundary fence. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – four applications with common respondents heard together – hedge – obstruction of sunlight – obstruction of views – extent to which applicants had access to sunlight and views – plants considered to form one hedge – privacy – opportunity for applicant to gather evidence – orders apply to all trees in the hedge Legislation Cited: Trees (Disputes Between Neighbours) Act 2006 (NSW) Cases Cited: Johnson v Angus [2012] NSWLEC 192 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Department of Justice and Attorney General, 2009: Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW) Category: Principal judgment Parties: Proceedings 2018/361256: Andrew Didsbury Moss (Applicant) Geoff Taylor (First Respondent) Lisa Taylor (Second Respondent)