Steber v Job [2019] NSWLEC 1308

Land and Environment Court New South Wales

Medium Neutral Citation: Steber v Job [2019] NSWLEC 1308 Hearing dates: 14 May 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Class 2 Before: Galwey AC Decision: The Court orders: (1) The application is granted. (2) Within 90 days of the date of these orders, the respondent is to remove all bamboo plants in the hedge along her eastern boundary. (3) The respondent is to take any steps necessary to prevent regrowth of the bamboo. (4) If the respondent wishes to plant a replacement hedge along this boundary, it must be maintained at a height no greater than 1.2 metres. Catchwords: TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – bamboo – obstruction of view – requirement of hedge to be at least 2.5 metres tall – pruning of hedge prior to hearing – whether the trees are severely obstructing a view – whether the obstruction must be present on the day of the hearing – evidence of view obstruction – orders for removal of bamboo Legislation Cited: Interpretation Act 1987 (NSW) Trees (Disputes Between Neighbours Act) 2006 (NSW) Trees (Disputes Between Neighbours) Regulation 2014 Cases Cited: Johnson v Angus (2012) 190 LGERA 334; [2012] NSWLEC 192 Tooth v McCombie [2011] NSWLEC 1004 Wisdom v Payn [2011] NSWLEC 1012 Texts Cited: Review of Part 2A of the Trees (Dispute Between Neighbours) Act 2006 (NSW) (High hedge provisions), Attorney General, December 2013 Review of the Trees (Disputes Between Neighbours) Act 2006 (NSW), Attorney General, November 2009 Category: Principal judgment Parties: John Steber (First Applicant) Charmian Steber (Second Applicant) Christine Job (Respondent) Representation: Solicitors: J Shevlin, James A Shevlin (Respondent)