Finney v Edmonds [2019] NSWLEC 1295

Land and Environment Court New South Wales

Medium Neutral Citation: Finney v Edmonds [2019] NSWLEC 1295 Hearing dates: 20 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The application is refused. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – cypress hedge – damage – fence – near future – planting poorly planned Legislation Cited: Trees (Disputes Between Neighbours Act) 2006 (NSW) Cases Cited: Yang v Scerri [2007] NSWLEC 592 Category: Principal judgment Parties: Robert John Finney (First Applicant) Kay Alice Finney (Second Applicant) Scott Edmonds (First Respondent) Sarah Edmonds (Second Respondent) Representation: Solicitors: B Kelly, Russell Kelly & Associates (Respondents)

Other: R Finney and K Finney, litigants in person (Applicants) File Number(s): 2019/73724 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The application 1. Kay and Robert Finney applied to the Court pursuant to both s 7 and s 14B of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('the Trees Act') seeking orders for trees in a neighbouring hedge to be pruned and maintained. 2. Orders were sought on the basis that the trees are damaging the fence along the common boundary and that they will soon obstruct views from their dwelling. 3. Sarah and Scott Edmonds own the neighbouring property, where cypress hedges grow along their side and rear boundaries. They had the trees pruned recently, addressing some of the Finneys' concerns about the trees' height. At today's onsite hearing the Finneys did not press their Part 2A application regarding an obstruction of views, but they are still concerned about damage to their fence. They seek orders for the hedge to be pruned annually to maintain a maximum height of 3.2 metres and to prevent branches growing against the boundary fence or encroaching into their property.